Thread Number: 39155
An Open Discussion about Copyright, automaticwasher.org/vacuumland and the Internet |
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Post# 580459   3/5/2012 at 09:17 (4,444 days old) by Unimatic1140 (Minneapolis)   |   | |
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I'm posting this in Super Forum because it falls under web-site related business. While this subject might be a bit boring to many I wanted to open up a discussion of copyright issues that we might run into in regards to vintage materials relating to our beloved appliances. While I'm certainly not a lawyer and this isn't meant to be taken as professional legal advice in any way shape or form, but it is worthy of a discussion on both sites. This is not meant to target any one person or multiple people on any of our sites as the majority of things that are uploaded and shared on aw.org and vacuumland have been perfectly legal. With that said there have been quite a few times I have had to delete things because of the copyright issue and I'm there were many things that I just didn't see. The most important piece of this whole post of mine is in the last two paragraphs. Most website owners would just hide that information deep in their terms of use. We are more than just a website we are a group of friends here and we want to protect our friends. So here goes...
I want to concentrate on the following things, appliance/vacuum related printed materials and appliance/vaccum related magazine advertisements and how to generally tell if something is copyright free and safe to upload here or on any website for that matter. In the following guidelines I am only referring to materials that you have an original copy of and you did the scanning or picture taking yourself. If you downloaded it from another website, that means someone else has scanned it and someone else owns the rights to that digital file. If they have an agreement on their website not to use their images without permission then it is not legal for you to upload them even if the original document it was scanned from is safely in the public domain. You must have had an original copy of the public domain document in your possession and make the electronic file yourself in order for it to be completely legal to upload. {SOURCE: The Public Domain by Stephen Fishman copyright 2010, page 241, see ProCD v. Zeidenberg} |
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Post# 580466 , Reply# 2   3/5/2012 at 10:06 (4,444 days old) by Unimatic1140 (Minneapolis)   |   | |
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Post# 580486 , Reply# 4   3/5/2012 at 11:18 (4,444 days old) by Unimatic1140 (Minneapolis)   |   | |
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That is just preposterous Brent. I think eBay has just got to big for it to properly manage itself. Clearly a Sears Catalog does not fit into any of those categories posted above. When you search Sears Catalog 200 catalogs come up for sale. And to top it off eBay even has a category dedicated to Department Store Catalogs, go figure.
This is why there are blogs like Techdirt that are fighting for the rights of the internet. There is a lot of confusion out there about copyright and trademark law. |
Post# 580497 , Reply# 5   3/5/2012 at 11:56 (4,444 days old) by turquoisedude (.)   |   | |
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Holy Moley.... it seems like exchanging of wiring diagrams and service materials may have to go 'underground'!
Thank you, Robert, for taking the time to explain this and keep us informed! I have limited understanding of the legalese involved in these copyright issues and I very much appreciate your explanations. |
Post# 580498 , Reply# 6   3/5/2012 at 12:00 (4,444 days old) by Unimatic1140 (Minneapolis)   |   | |
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Post# 580500 , Reply# 7   3/5/2012 at 12:04 (4,444 days old) by foraloysius (Leeuwarden, Friesland, the Netherlands)   |   | |
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Post# 580505 , Reply# 8   3/5/2012 at 12:37 (4,444 days old) by Unimatic1140 (Minneapolis)   |   | |
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I was wondering if it is safer to post things in the ATTT or DL forums, which are for members only. |
Post# 580507 , Reply# 9   3/5/2012 at 12:49 (4,444 days old) by foraloysius (Leeuwarden, Friesland, the Netherlands)   |   | |
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Post# 580509 , Reply# 10   3/5/2012 at 13:20 (4,444 days old) by Tomturbomatic (Beltsville, MD)   |   | |
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That's where they have mammaries instead of mountains, though mountainous the mammaries may be. |
Post# 580631 , Reply# 12   3/5/2012 at 19:46 (4,443 days old) by Unimatic1140 (Minneapolis)   |   | |
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I'm not sure if you're saying a) Don't post anything from 1989 or newer, period; or b) If you post anything from 1989 or newer you are doing so at your own risk.
I remember sometime back in 2009 I received an email from a washing machine company somewhere in Europe. I don't remember the brand name and it was one I never heard of, but they said that one of the users here had posted a email correspondence between that person and this company and would I take it down. Since the thread was already in the archive for nearly a year I figured it wasn't worth arguing with them, so I just quietly deleted it. That was the only time I've received an email from a appliance corporation to remove something. |
Post# 580633 , Reply# 13   3/5/2012 at 20:12 (4,443 days old) by Frigilux (The Minnesota Prairie)   |   | |
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Google Images: Many of the images you find there are copyrighted, so be careful about what you take from them, as well.
Robert: I've been told it's also a copyright infringement to provide a link to a website that breaks copyright law. Is that correct? This post was last edited 03/05/2012 at 21:15 |
Post# 580636 , Reply# 14   3/5/2012 at 20:19 (4,443 days old) by Unimatic1140 (Minneapolis)   |   | |
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for instance, the POD
The PODs are all safely in the Public Domain, so profit or not it doesn't make a difference we can do what ever we want with them. But as for actual copyrighted stuff I've learned whether you make a profit on it or not is irrelevant to the law. Just ask those file sharers and the music they download which got tens of thousands of people sued. Of course the music industry it seems has learned their less and it appears they have stopped suing their own customers, but you never know. Robert: I've been told it's also a copyright infringement to provide a link to a website that breaks copyright law. Is that correct? You know Eugene, I don't know. I'll have to do some research on that question. This post was last edited 03/05/2012 at 21:46 |
Post# 580728 , Reply# 16   3/6/2012 at 07:16 (4,443 days old) by Unimatic1140 (Minneapolis)   |   | |
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when I posted scans of a few pages from the owner's manual from the ISE dishwasher I purchased, which I believe was printed in 1990, that would be considered against the forum rules, correct?
Correct, but most of that stuff I don't see very often, so I wanted to raise the awareness of the possibility of the liabilities involved. Rare yes, possible also yes. Based on what Eugene said, it might also be considered against the forum rules when I posted a link to the entire owner's manual, which I'd stored as a PDF on one of my websites, correct? I just don't know about this yet, I'm going to have to research it. Remember though as insane as it sounds, putting a .pdf copy of a copyrighted owners manual even though it's 22 years old on your website isn't legal. So photos we take of appliances 1989 and newer are ok to post, but photos we take of printed materials dated 1989 and newer are not ok? I'm just trying to be understand specific examples. Yes, 100% correct. |
Post# 580749 , Reply# 17   3/6/2012 at 09:34 (4,443 days old) by jamman_98 (Columbia, SC)   |   | |
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I teach high school kids, or try, not plagerize materials they find on the web. Kids are into the copy and paste aspect of finding images from Google or where ever on the internet. As a rule of thumb, give credit to where the information came from. There is a provision that materials may be used for "educational" purposes, in which case materials used on this website are educational in nature since we are all learning about vintage appliances - just a thought. Federal Gevernment documents are not copyrighted. Repair manuals and wiring diagrams may not be copyrighted but there would be the information on the back of the title page or the main title page. Not sure on that myself.
An example of that is I worked at a college library in which an Art teacher wanted to use images from a textbook to be broadcast over the distance learning lab to another campus. Each image to be used had to be researched and the "owner" had to be contacted for permission. The library got mixed results. About 1/3 of the images received written permission from the copyright holder - some with certain restrictions but not many, 1/3 were (according to the textbook publisher) in the public domain and the other 1/3 of the images were owned by someone and the textbook used them without permission. How they got away with that who knows. Go figure.
The copyright issue is extremely complicated in the digital age when laws are not keeping up with technology and lawmakers don't have a clue. Robert, you may want to post some general guidelines for the average AW.org member to use since none of us are copyright experts. (As I'm typing this you may have already done this but I'm on a roll)
I hope this has been helpful to the discussion
Joe jamman_98 |
Post# 580791 , Reply# 19   3/6/2012 at 13:44 (4,443 days old) by Launderess (Quiet Please, There´s a Lady on Stage)   |   | |
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Post# 580792 , Reply# 20   3/6/2012 at 13:46 (4,443 days old) by Unimatic1140 (Minneapolis)   |   | |
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Robert, you may want to post some general guidelines for the average AW.org member to use since none of us are copyright experts.
Hi Joe, thanks! I'll give that a thought about how exactly to do that. Robert, what about defunct companies? If Nash Kelvinator or Thor or Easy no longer exist, did their copyrights expire when the companies did, or does some corporation/competitor buy the copyrights even though the name disappears. No the copyright are automatically transferred to the estate/heirs of the owners of the copyrights. old Frigidaire ads, the copyrights may be held by Electrolux Like the majority of old magazine ads, I can't remember seeing any old Frigidaire print ads that was copyrighted in the first place. But on the other hand, Tech-Talk service manuals are copyrighted. The copyrights on the older ones published before 1964 have safely expired and are safe to scan and upload but the later ones are valid copyrights and they are owned by Electrolux. But the goods news is for what ever reason Frigidaire seemed to have stopped copyrighting Tech-Talks in the late 1970s so some of those are safe too. old Gibson ads, even though they don't make Gibson-badged products, the company was bought by Electrolux and that presumably includes the copyrights. Again the majority of the ads were not copyrighted, not all but the majority. You have to look and see if there is a copyright mark on the actual ad. Opens Mouth, Inserts Foot... Crap, Ummmm, remember when I said yesterday that all the PODs are in the Public Domain??? Well today, I'm eating my words today, I see that today's is copyrighted. It's from a Sears Catalog from the 70s. I'll have to go through the PODs and double check. Grrrrrrrr, see its very easy to get this stuff mixed up. |
Post# 580798 , Reply# 21   3/6/2012 at 14:16 (4,443 days old) by Supersuds (Knoxville, Tenn.)   |   | |
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Post# 580799 , Reply# 22   3/6/2012 at 14:18 (4,443 days old) by turquoisedude (.)   |   | |
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Hmmmm.... Maybe between all the members here and all the different machines owned (washers,dryers, dishwashers, and perhaps even ranges, refrigerators, and other appliances) a pool of photos from collections could be used for the Picture of the Day. That would be 'safe', if I understand correctly... |
Post# 580807 , Reply# 23   3/6/2012 at 14:50 (4,443 days old) by Unimatic1140 (Minneapolis)   |   | |
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I assume that photos of Laundress's detergent "stash" would be all right? |
Post# 580934 , Reply# 24   3/6/2012 at 23:05 (4,442 days old) by Unimatic1140 (Minneapolis)   |   | |
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Ironic as it is, I received this card in the mail today from my Dad and step-mom. As funny as it is, it shows a brilliant use of the Public Domain. You can clearly see Kelvinator on the machines. And this card is a perfectly legal, for profit use of the public domain no less. It was taken right out of a 1957 magazine ad... |
Post# 581050 , Reply# 26   3/7/2012 at 13:32 (4,442 days old) by Unimatic1140 (Minneapolis)   |   | |
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I think the reproduction here of appliance manufacturer photos, ads, parts lists and instruction manuals would fall under the fair use criteria of criticism, comment, news reporting, teaching, scholarship, and research.
I absolutely agree with you Doug, but no one can guarantee that a court would agree. Remember it is up to you personally to weigh the risks involved if the material is not in the Public Domain. Also, does the reproduction affect the potential market? I would say the answer to that is also "no" since the materials are what the manufacturer used to sell and service the item in the first place. I would also agree with you, clearly there cannot be a corporate market for these old materials, call up Whirlpool and ask them for a 1961 Automatic Washer Owners Manual, see if you have to hold the phone away from your ear because the laughter is so loud. I remember when I called WCI sometime in the 80s asking them for vintage Frigidaire owners manuals from the 50s and 60s and the person that I spoke to told me, and I remember his exact words "oh those have all be pitched". lol I'm glad I was able raise some awareness here about what I've learned. I have every intention of obeying the law as it stands, but I also plan to keep tabs on the quickly growing copyright reform movement and seeing what can be done to help. |
Post# 581169 , Reply# 27   3/8/2012 at 06:55 (4,441 days old) by mrb627 (Buford, GA)   |   | |
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Post# 581222 , Reply# 28   3/8/2012 at 14:05 (4,441 days old) by Unimatic1140 (Minneapolis)   |   | |
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Post# 581929 , Reply# 29   3/12/2012 at 12:35 (4,437 days old) by aldspinboy (Philadelphia, Pa)   |   | |
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Post# 581930 , Reply# 30   3/12/2012 at 12:37 (4,437 days old) by Unimatic1140 (Minneapolis)   |   | |
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Post# 581934 , Reply# 31   3/12/2012 at 13:03 (4,437 days old) by aldspinboy (Philadelphia, Pa)   |   | |
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