The following "Fair Use Notice and Warning" and "Medical Information" are, by referral, a part of every post made to any and all of the PHCa Groups/Forums/Chats. It is expected and understood that all members have read and fully understand this section in red and the ramifications thereof.

Fair Use Notice and Warning:

This document (http://www.prostate-help.org) contains copyrighted material whose use has not been specifically authorized by the copyright owners. I believe that this not-for-profit, educational use on the web, via the Prostate-Help web sites and mailing lists, constitutes a fair use of the copyrighted material (as provided for in section 107 of the US Copyright Law). If you wish to use this copyrighted material for purposes of your own that go beyond fair use, you must obtain permission from the copyright owner.

Where the word "Group" or "Forum" is used it applies to both Groups and Forums and web sites whatever the case may be.

The posts to these groups and forums may contain copyrighted material whose use has not been specifically authorized by the copyright owners. I believe that this not-for-profit, educational use on the web, via the Prostate-Help web sites and mailing lists, constitutes a fair use of the copyrighted material (as provided for in section 107 of the US Copyright Law). If others wish to use this copyrighted material for purposes of your own that go beyond fair use, you must obtain permission from the copyright owner.

It is the intent of Prostate-Help to educate prostate cancer patients with these non-commercial, free sites and no income is generated from such use of the copyrighted material. Prostate-Help is an electronic classroom on the World Wide Web. The copyrights are owned by the respective companies, organizations, publications, individuals. Prostate-Help makes no claim to the copyright of the material copyrighted by others.

If at any time there is an objection to the use of any copyrighted material from the copyright owner, upon notice and proof of copyright ownership, I will immediately remove the offending materials and all references to the copyright owner.

NOT MEDICAL ADVICE: Much of the material in the posts represents the opinions and interpretations of non-medical individuals and should NOT be regarded as being true nor medical advice. See your Medical Professional for advice. It is my hope that we can give you information that you can carry to your medical professionals to help in your decision making process.

Nothing on the Prostate-Help sites may be downloaded, reproduced, stored in a retrieval system, modified, made available on a network, used to create derivative works, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise according to the United States and International Copyright laws without express permission from Don Cooley or other owners of the copyright as authors of pages in which their name appears or under the following conditions.

1. The following paragraph appears on every document or partial document that is used by any party.

"The information herein is Copyrighted by Don Cooley, or other owners of their own copyright as their name may appear as the author of a paper, and appears on the web site, "Patients Helping Patients" at http://www.prostate-help.com,or on other published Prostate-Help material.

2. You may download or print out one hard copy of a reasonable amount of material from this web site for your own non-commercial research or study to help you make decisions about your (or a loved one's) prostate cancer. You may not copy or otherwise reproduce any information found on the Prostate-Help Forums or Prostate-Help Chats for any reason without express written permission from the copyright holder.

3. Permission is hereby given to make multiple copies to share at any organized Support Group meeting as long as complete pages, PDF files or DOC files are printed in total and shared so long as item number 1 above is followed.

4. All authors on this web site understand the uses of the materials on this site as outlined above..

The posting any personal information to the Prostate-Help Chat Rooms, Groups or Prostate-Help Internet sites, herein after referred to as "PH", denies any subsequent claim of privacy and/or confidentiality. Be advised that posting herein may place all posted information in the public view. Any copying or distribution of any of this information from this "PH", without written authorization as per Copyright and Other Legal Information, is strictly forbidden and could make one liable for disclosure of private medical information and/or violate copyright laws. Any such publishing, in any way, will mean an immediate dismissal from the "PH" and its programs.

Don Cooley, Prostate-Help and/or any invited Guest of the Chat Rooms, hereinafter referred to as "DC", shall not be responsible for and assumes no liability whatsoever with respect to "PH" materials, or other content or any postings by users on the "PH". "DC" reserves the right and may, in its sole discretion, delete, move, edit or modify any "PH" materials or other Content or any posting by users for any reason whatsoever at any time.

"DC" does not guaranty or endorse the correctness, truthfulness or reliability of the "PH" for materials, other content or other postings by users. Your reliance on said postings shall be at your own risk. "DC" may, but is not obligated to, correct or modify any errors or omissions in the "PH" by any posting by users. You are solely responsible for all the content posted by you. "DC" does not endorse any postings by users; or, links to third party web sites contained in the Chat or Groups. The views of the owners of these posting and/or web sites does not represent the views of "DC" and you hereby acknowledge and agree that "DC" is not responsible for said content.

In its sole discretion, "DC" may, at any time without notice to you, restrict, suspend or terminate your use or access to the "PH" for no reason whatsoever. Likewise, in its sole discretion, "DC" may, at any time without notice to you, modify, change suspend or terminate any or all portions of the "PHC". "DC" does not warrant that the "PHC" will be interruption or error free. "DC" does not make any warranty as to the consequences obtained from the use or access to the "PH" or any of its content. The "PH" and all content contained therein are distributed to you on an "as is" basis. "DC" makes no warranties of any kind, either expressed or implied, including, but not limited to, fitness for a particular purpose, any content, products or services referred to in the "PH". "DC" does not warrant that its content or the content of a third party for download or use in the "PH" is free from defects, viruses or contamination or destructive features. You acknowledge and agree that you assumed all risk regarding the quality and performance of the "CC" and the accuracy or completeness of its content.

You further understand and agree that any of the material contained in "PH" is not to be construed as medical advise. It is only information that might help you discuss your medical conditions with the appropriate Medical Professionals. "DC" recommends that you take this material to your medical professional and discus your condition with said medical professional.

Don Cooley  http://www.prostate-help.org

Following is the basis and a discussion of the copyright law and how it applies to the groups and "Fair Use"

First let me make it clear: International visitors should be aware that this web site is U.S. centric, and unless otherwise noted, cited law is applicable only to the United States.

There seems to be some question about the copyright law. Let me quote some passages from the Indiana University web page at http://www.iupui.edu/~copyinfo/ownship.html, and from the web site at http://www.benedict.com/contents.htm .

>>You and Your Copyrights:

Securing, Managing, and Sharing the Legal Rights

By Kenneth D. Crews

Associate Professor of Law and of Library and Information Science

Director, Copyright Management Center

Indiana University-Purdue University Indianapolis

755 West Michigan Street

Indianapolis, Indiana 46202-5195

(317) 274-4400

Following are excerpts.

Go to http://www.iupui.edu/~copyinfo/youright.html for the complete discussion.

Each member of the Indiana University community—indeed, probably each citizen and resident of the United States—is the creator and owner of copyright protected works. Copyright law in the United States is today extremely generous toward the creators and owners of new works. Legal copyright protection vests immediately upon the creation of an "original work of authorship" that is "fixed in any tangible medium of expression." As a result, each one of us creates new protected works when we write journal articles, produce videotapes, create works of art, or write computer software. In fact, under todays’s law copyright applies to notes that we dash off at meetings, letters home to family, and photographs that we take on vacation.

What copyright notice should I put on my works? Under current law, the formal copyright notice is no longer required to secure copyright protection.<<

Further explanation at: http://www.benedict.com/basic/basic/scope.htm

>>Consequently, almost any original expression that is fixed in a tangible form is protected as soon as it is expressed. For example, a graphic created in Photoshop is protected as soon as the file is saved to disk. This Web page was protected as soon as I stopped typing and saved the .html file. As you can see, most of the items that you are likely to encounter on the net are eligible for copyright protection, including the text of web pages, ASCII text documents, contents of email and Usenet messages, sound files, graphics files, executable computer programs and computer program listings. <<

And at http://www.iupui.edu/~copyinfo/highered98.html

>>The Fair-Use Statute

Section 107 of the Copyright Act of 1976. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified in that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. <<

This has been established by a number of cases - see http://www.iupui.edu/~copyinfo/highered98.html

RECAP

1. Everything you write is automatically copyrighted - even you letters to a friend or family member.

2. It does not have to have a copyright notice.

3. Is defined by meeting the four factors in the Copyright act of 1976.

4. Works Granted to the Public Domain Otherwise copyrightable works may enter the public domain if the copyright owner gives the work to the public domain. However, the copyright owner must specifically grant the work to the public domain not just that everything I write I grant to the public domain. 5. Owners of forums, etc. may have the responsibility as to what is being posted.

How about public domain - from http://www.benedict.com/basic/public/public.htm >>Works Granted to the Public Domain Otherwise copyrightable works may enter the public domain if the copyright owner gives the work to the public domain. However, the copyright owner must specifically grant the work to the public domain. <<

Now for the responsibilities of the owner.

From http://lawcrawler.findlaw.com/MAD/COURTING.HTM

>>Creating content or supplying services for the World Wide Web can be a worrisome road. Recent court cases and controversial legislation have hinted at huge potential liabilities for three major areas - electronic defamation, copyright infringement, and obscenity. The courts have only considered a fistful of these cases, resulting in an incredible paucity of legal precedent. Whether you are placing a personal page, a small storefront, or Wal-Mart online, you can take some simple steps which should assist your defense should trouble find you online.

If you have editorial control over your electronic content, you can be classified a publisher and can be liable for defamatory statements on your Web site or service. If you possess no control over your content, you can be classified a distributor and should be liable only if you knew or should have known a statement on your site or service was defamatory. A federal court in New York in 1991 decided CompuServe was a distributor not liable for defamatory messages on one of its bulletin board services (BBSs). A state court in New York in 1995, however, ruled Prodigy was a publisher potentially liable for defamatory statements on its Money Talk BBS. Conflicting? No. In the Prodigy lawsuit, the court ruled CompuServe and BBSs should be designated distributors, akin to bookstores and libraries. The court found, however, that Prodigy's own content-control policies had pushed it into the publisher category. The parties settled the case but the court's comments remain relevant.

So, if you're a Web provider, should you scan all statements sent to your site or service? Unless you possess a legion of lawyers or no professional or personal life, you don't have time for this. I propose you place a written disclaimer refuting the evidence the judge wielded against Prodigy. This disclaimer should say you are an electronic distributor with no editorial or content control, no software screening ability, no methods or policies preventing posting of defamatory or inappropriate messages, and messages not authored by you don't reflect your views. In addition, stay tuned to future cases for subsequent safeguards.

Contrary to defamation, you can be liable for copyright infringement, which is a crime, even if you have no knowledge of or intent to infringe. Both Playboy and Sega have successfully sued BBSs for copyright infringement. Careful critique of both cases demonstrates the defendants weren't so sinless; the courts found each knew or participated in the online, illicit profit-making. CompuServe recently settled a class action copyright lawsuit brought by major music publishers who alleged a CompuServe BBS permitted paying subscribers to illegally upload, store, and then download copyrighted songs. While CompuServe may have been blameless, it was forced to fork over $568,000 and future royalties for each song downloaded to avoid costly litigation.<<

June 27, 2000

A post to:

Ron

Here is a group of statements from various web sites, plus a group of web sites to search. This should convince you that material is copyrighted when it is created and that it is not in public domain unless one gives it to the public domain in writing. This is an expanded version of what I posted to the net.

How to Secure Copyright

Copyright is secured automatically upon creation. The way in which copyright is secured under the present law is frequently misunderstood. No publication or registration or other action of the copyright office is required to secure copyright, unlike the previous law which required either publication with the copyright notice or registration in the copyright office.

Under the present law, copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a copy for the first time. In general, "copies" are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm.

and

Copyrighted works on the Net include news stories, software, novels, screenplays, graphics, pictures, and even email. In fact, the frightening reality is that the vast majority of the items on the Net are protected by copyright law.

and

With one important exception, you should assume that every work is protected by copyright unless you can establish that it is not. As mentioned above, you can't rely on the presence or absence of a copyright notice (©) to make this determination, because a notice is not required for works published after March 1, 1989. And even for works published before 1989, the absence of a copyright notice may not affect the validity of the copyright--for example, if the author made diligent attempts to correct the situation.

and

"If it's posted to Usenet it's in the public domain."

False. Nothing modern is in the public domain anymore unless the owner explicitly puts it in the public domain(*). Explicitly, as in you have a note from the author/owner saying, "I grant this to the public domain." Those exact words or words very much like them.

and

1. These days, almost all things are copyrighted the moment they are written, and no copyright notice is required.

2. Copyright is still violated whether you charged money or not, only damages are affected by that.

3. Postings to the net are not granted to the public domain, and don't grant you any permission to do further copying except perhaps the sort of copying the poster might have expected in the ordinary flow of the net.

4. Fair use is a complex doctrine meant to allow certain valuable social purposes. Ask yourself why you are republishing what you are posting and why you couldn't have just rewritten it in your own words.

5. Copyright is not lost because you don't defend it; that's a concept from trademark law. The ownership of names is also from trademark law, so don't say somebody has a name copyrighted.

6. Fan fiction and other work derived from copyrighted works is a copyright violation.

7. Copyright law is mostly civil law where the special rights of criminal defendants you hear so much about don't apply. Watch out, however, as new laws are moving copyright violation into the criminal realm.

8. Don't rationalize that you are helping the copyright holder; often it's not that hard to ask permission.

9. Posting E-mail is technically a violation, but revealing facts from E-mail you got isn't, and for almost all typical E-mail, nobody could wring any damages from you for posting it. The law doesn't do much to protect works with no commercial value.

See:

http://www.benedict.com/

http://www.templetons.com/brad/copymyths.html

The U.S. Copyright Office.

The following Internet web pages have useful information on interpretation of "fair use" in academic settings: Stanford Univ. Libraries

UCSD copyright policy

Wellesley College

Univ. Tenn.

Univ. Texas copyright

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