Wikigogy is C L O S E D Wikigogy saw little action. So I closed it. It had been an interesting two years with some spurts of generous content writing from a handful of people. However, most months had seen no activity except spam bot fighting. Wikigogy -- Closed as of August, 2008 -- was a networking Web site for teachers of English as a second or foreign language. Site may be removed soon. For now to fight spam efficiently Wikigogy will periodically be reverted to its August, 2008 state. Comments about the site closure are welcome on the Main page. --Roger 14:47, 24 August 2008 (CDT)

From Wikigogy

Contents 1 Wikigogy is NOT fair use 2 Fair use 3 Julian Suddaby's site -- a case study 3.1 Legal reference 3.1.1 US Copyright Office -- Fair Use 3.1.2 CONFU 4 Other examples? 5 See also

[edit] Wikigogy is NOT fair use

Wikigogy.org explicitly assigns Copyleft to everything on it and doing that is quite outside fair use by any stretch. So fair use is never an acceptable excuse to put someone else's copyrighted material on Wikigogy.org without their express and documented permission.

Questions about Wikigogy? (click [ edit ] and comment please)

Other sites may not be as clear about their own fair use of copyrighted material without permission. There may be legitimate fair use of copyrighted material on the Web without permission. What might that fair use be? What might it NOT be?

[edit] Fair use

Fair use in the context of copyright law is mostly a US copyright law exemption for limited and fair use of copyrighted material without obtaining permission from the copyright holder.

See The US Copyright Office on "Fair Use":

• http://www.copyright.gov/fls/fl102.html

This does not include putting things on the Web without permission, does it?

Comment (click [ edit ]) please and help us be more knowledgeable about fair use and the Internet...

[edit] Julian Suddaby's site -- a case study

Julian Suddaby has a website, http://www.suddaby.net/videos.html, that he wants to use to share short 3 to 4 minute video clips for English teachers in China to download and use in their classrooms. The video clips are however copyrighted and Julian has not obtained permission to distribute them on his website. Let's consider this carefully and see what we conclude about the legality and appropriateness of Julian's public distribution of these video clips without permission over the Internet.

[edit] Legal reference

[edit] US Copyright Office -- Fair Use

Julian provides this US Copyright Office "Fair Use" reference in support of his site:

• http://www.copyright.gov/fls/fl102.html

The following, quoted from the above linked page, suggests to me that Julian should get permission from the copyright holders instead of distributing the materials over the public Web without permission:

The safest course is always to get permission from the copyright owner before 
using copyrighted material. The Copyright Office cannot give this permission.

Julian, could you please explain what part of the above linked page supports your not getting permission for such public Web distribution of copyrighted material? You know your site better than I do. Please help us understand. (click [ edit ] at top of page to comment, or click [ edit ] at right of a section heading to edit just that section) Thanks! :-) --Roger 06:24, 6 July 2006 (UTC)

[edit] CONFU

Julian also provides the below CONFU reference in support of his site, but it does not support his site.

• http://www.utsystem.edu/ogc/intellectualproperty/ccmcguid.htm

The above reference has no legal standing. If you follow the link in the following note quoted from the top of that page you discover the Guideline failed its own ratification process and has no legal standing:

These guidelines were developed during the CONFU process. For a full 
explanation of their status, see CONFU: The Conference on Fair Use.

Here is where its void status is explained (quoting from the top of The Conference on Fair Use):

In late April, 1997, Bruce Lehman, Commissioner of Patents and Trademarks, 
publicly stated that the Proposed Guidelines negotiated by CONFU participants 
had failed to achieve consensus support. In May, 1997, at its third "final" 
meeting in Washington, D.C., CONFU participants concurred. None of the 
Proposed Guidelines would survive the comment and endorsement process 
that ended in May.

If you do read the CONFU Guideline despite its null legal standing, it declares Julian's use unfair:

http://www.utsystem.edu/ogc/intellectualproperty/ccmcguid.htm#5

5.2 Duplication of Multimedia Projects Beyond Limitations Listed in 
These Guidelines 
Even for educational uses, educators and students must seek individual 
permissions for all copyrighted works incorporated in their personally 
created educational multimedia projects before replicating or 
distributing beyond the limitations listed in Section 4.3.

5.3 Distribution of Multimedia Projects Beyond Limitations Listed in 
These Guidelines 
Educators and students may not use their personally created educational 
multimedia projects over electronic networks, except for uses as 
described in Section 3.2.3, without obtaining permissions for all 
copyrighted works incorporated in the program. 

http://www.utsystem.edu/ogc/intellectualproperty/ccmcguid.htm#3

3.2.3 for remote instruction to students enrolled in curriculum-based 
courses and located at remote sites, provided over the educational 
institution's secure electronic network in real-time, or for after 
class review or directed self-study, provided there are technological 
limitations on access to the network and educational multimedia project 
(such as a password or PIN) and provided further that the technology 
prevents the making of copies of copyrighted material. 
If the educational institution's network or technology used to access 
the educational multimedia project created under Section 2 of these 
guidelines cannot prevent duplication of copyrighted material, students 
or educators may use the multimedia educational projects over an 
otherwise secure network for a period of only 15 days after its initial 
real-time remote use in the course of instruction or 15 days after its 
assignment for directed self-study. After that period, one of the two 
use copies of the educational multimedia project may be placed on 
reserve in a learning resource center, library or similar facility for 
on-site use by students enrolled in the course. Students shall be 
advised that they are not permitted to make their own copies of the 
multimedia project. 

http://www.utsystem.edu/ogc/intellectualproperty/ccmcguid.htm#4

4.3 Copying and Distribution Limitations 
Only a limited number of copies, including the original, may be made of 
an educator's educational multimedia project. For all of the uses 
permitted by Section 3, there may be no more than two use copies only 
one of which may be placed on reserve as described in Section 3.2.3. 
An additional copy may be made for preservation purposes but may only be 
used or copied to replace a use copy that has been lost, stolen, or 
damaged. In the case of a jointly created educational multimedia 
project, each principal creator may retain one copy but only for the 
purposes described in Sections 3.3 and 3.4 for educators and Section 
3.1 for students.

[edit] Other examples?

click [ edit ] at right to comment

[edit] See also

• Links to other sites about Fair Use http://www.utsystem.edu/ogc/intellectualproperty/offsite.htm#fair
• See last example here: http://library.case.edu/copyright/fairuse.html