when does copyright be a problem?

[ahmet]

Hi,

under assumption;

we ensured an association to publish our some articles by our request. then that association published those articles. assume please those publications include minor quotations. (E.g. descriptions or descriptive explanations ,I am also not sure whether really those publications include any quotations). However as the mentioned articles are created by memory (written by learning by heart) there is no research at the background in any of mentioned published articles.

in this case will these published materials cause any copyright problems?

and how to be sure on the issue with deep breath or how to resolve the case?

 

Thanks in advance.

 

Edited June 15, 2022 by ahmet

[StringJunky]

In what country?

[swansont]

In the US, if you only quote small sections and provide citations, it should be fine. It’s called fair use.

You run into trouble when you quote too much; this can potentially impact the market for the quoted material. You should consult your own country’s laws for specifics.

 

[ahmet]

6 hours ago, swansont said:

In the US, if you only quote small sections and provide citations, it should be fine. It’s called fair use.

You run into trouble when you quote too much; this can potentially impact the market for the quoted material. You should consult your own country’s laws for specifics.

 

thank you for the information. Actually in the current case I can say that I have no earnings from those publications. One of my colleagues says that I need to prove those publications were/belonged to mine/me by defining their copyrights based on my demand. This action is being carried out by Culture and tourism ministry here by fee.

I hope no problem will happen and I expect that the publications  really to be mine.

6 hours ago, swansont said:

In the US, if you only quote small sections and provide citations, it should be fine. It’s called fair use.

meanwhile, may I ask what "small sections" means here. Here I consulted to copyrights management centre they used some sentences like this:

"you do not need to use references when you use the information which is known by everyone. " (I also did not understand well this.

6 hours ago, swansont said:

You should consult your own country’s laws for specifics.

 

may I ask , first step should be which of these:

"consulting to a specşalist in the laws here"

"to send a demand to define the literature's / publications copyrights to whom they beonged"

I ask this because in case we know that those publications really mine, then normally no problem should occur (i.e. deep breath) ...but do not know what to do in case there are any inconformity to this case.

 

Edited June 16, 2022 by ahmet

[StringJunky]

When I read about it, the range 100-300 words was deemed acceptable, but it really depends what your country defines as fair use.

Quote

Does paraphrasing remove copyright?
Copyright protection for factual works is narrow, covering the author's original expressions, but not the facts or theories being expressed. In order to infringe, the copy must be "verbatim reproduction or very close paraphrasing" (United States).

https://en.wikipedia.org/wiki/Paraphrasing_of_copyrighted_material

 

Edited June 16, 2022 by StringJunky

[swansont]

6 hours ago, ahmet said:

Actually in the current case I can say that I have no earnings from those publications.

It's not your earnings the rule refers to, it's any impact on earnings from the documents you quote. If you quote a chapter of some book and now people don't have to pay the author for that (say it was serialized, so one chapter was being published every week)then that would likely be a violation, even if you only published 1 chapter out of a very long book.

But if you are quoting yourself then there is no copyright issue.

Also, you are free to paraphrase. It is only specific wording that is protected, not the idea behind it.

So quoting from a book might be an issue, but describing the plot of a book is not protected. e.g. you might have to worry if you are quoting from the book "Jurassic Park" but describing it as a book about cloning dinosaurs  (and going into details of the plot) is not protected.

Or, in an example I've seen elsewhere, there is a famous Charles Addams cartoon that shows ski tracks going on both sides of a tree. His cartoon is protected by copyright, so you can't publish an exact duplicate without permission (or one of the other allowable conditions of copyright, like fair use), but anyone can draw a cartoon with that same concept - the specific expression is copyrighted, not the idea. 

(again, I am using US law here; details will vary from country to country)

Quote

"you do not need to use references when you use the information which is known by everyone. " (I also did not understand well this.

You might see "in the daytime, the sky is blue" written somewhere, but stating that would not be a violation because this is common knowledge.

[ahmet]

I found or learnt interesting points.

look, one publication says that there is no method to define similarity (originality) for any publication when we consider the previous literatures (i.e. past events)

however, if I publish my studies as a book and it takes an ISBN number , it will be impossible to copy paste (i.e. plagiarise) any chapter or part of my book for future events (i.e. forthcoming publications)

I had forwarded my works to a patent office but now unsure to reshape all studies as a book.

because as it said above that publication centre says that there is no method to say any literature is wholly unique.

how can I be sure about everythings , really there is no such method?

(among the details, culture and tourism ministry says ; if your copyright is available , you in fact, do not need to do anything.)

(that publication staff also said ; the common problem here is about ethical issues as our copyright management (tourism and culture ministry department confirms ,too)

(one  more notation: to our patent office ,  there are already some of works' search report stating that the studies were novel)

 

arising question: if this is too much risky and there is no method to scan all of previous documents, why to publish my works?

which type of benefit will I have?

Edited June 16, 2022 by ahmet