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Legal Needs
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| Dec 14, 2008 6:15 am |
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re: re: re: re: Fair use in copyright?? |
SOEB FATEHI
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Ritu -
1. important - are you transferring any rights for your paper to your publisher - even implicitly by permission to publish?
"publication of the research paper in a journal compounds the issue if you are transferring any intellectual property rights or sharing the same with your publisher or offering a right to quote to your readers."
2, is your research a private one? or is it towards a university sponsored / supported program? or is it towards a corporate sponsored / commissioned effort?
3. will your research findings and thus generated inferences never be used for any commercial purpose or gain? do you know that it may never be thus used without your knowledge by your university, sponsors, readers, publishers?
4. even if you have distributed it without charge and the publishers, sponsors, university of readers use it without commercially charging for it but it is established that it can or does cause harm or loss in value to the owner of the copyright then there is a very fair chance that the courts may rule against you.
the doctrine of fair dealing has very wide implications and the matter can extend beyond the limited scope of copyright into the nature of the contract between the researcher and the publishers and sponsors if any.
read also -
http://w2.eff.org/IP/eff_fair_use_faq.php
http://www.ipfrontline.com/depts/article.asp?id=18016&deptid=6&page=1
http://www.mondaq.com/article.asp?articleid=70858
Private Reply to SOEB FATEHI (new win) |
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