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#Post#: 71456--------------------------------------------------
Copyright and Paywalls
DIR By: Admin
Date: July 2, 2021, 12:15 pm
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There have been a number of people (ahem!) recently pasting
entire articles from sites hidden behind paywalls. Of course if
they didn't have the paywall we would simply link to the
articles (like we do for the Grauniad), this doesn't break
copyright law. Articles reproduced on here are, it could be
argued, produced for fans education and critique in a non profit
situation.
Copying entire articles probably breaks copyright law. We had
the lightest rap on the knuckles recently:
--- Quote from: BenColesTelegraph link ---
>
> Hi everyone, sorry to intrude - as the author just wanted to
say it's been really encouraging to see all the positive
reactions to the piece, so thank you.
>
> In future, could I please ask if possible that you avoid
pasting the articles on the message board. Appreciate the whole
website might not be for everybody, so thought I'd point out you
can get a sport only subscription:
HTML https://www.telegraph.co.uk/customer/subscribe/sport/
>
> Keeps me in a job and means we can produce more content like
this! Thanks for your time and congratulations on a season for
the ages, Nick and Adam were great to chat to.
>
--- End Quote ---
So I contacted the Telegraph and suggested they give us
permission to reproduce rugby articles in return for some sort
of nominal fee. The response was not hopeful:
--- Quote from: The Telegraph ---
>
> Dear Sir,
>
> Thank you for contacting The Telegraph.
>
> I will forward your suggestion to the relevant department for
further review, however, unfortunately we do not currently offer
custom subscriptions on a group basis and our Sports
subscription is intended for personal use only.
>
> We apologise for any inconvenience caused. Should we be of any
further assistance, please reply to this email and I will be
happy to help.
>
> Yours sincerely,
>
> Hayley Bullivant
> Customer Engagement
> The Telegraph Subscriptions Team
>
>
--- End Quote ---
On the other hand perhaps I could argue that I'm awaiting a more
definite response from the Telegraph on the situation. [emoji4]
After all they didn't actually forbid copying articles, though I
did explain that's what we'd like to do.
#Post#: 71457--------------------------------------------------
Re: Copyright and Paywalls
DIR By: Admin
Date: July 2, 2021, 12:50 pm
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As far as I can see, the possible defence against copyright
infringement is "Fair Use"
HTML https://yourbusiness.azcentral.com/acknowledge-copyright-statement-7617.html
--- Quote ---
>
>
> Fair Use
> Fair use means the limited use of copyrighted materials. It
allows the legal right to create a limited amount of copies of a
copyrighted material without requesting permission from the
copyright owner or making royalty payments. Four criteria that
determine if the use of the material is for fair use are the
nature of the material, amount of the material being used,
purpose of the use and how the use affects the market for the
original material. For instance, the use of factual data -- a
"nature" element -- is likely to be considered fair use. It is
also likely to be considered fair use if just one page is being
copied, as the amount of material is limited. Use of the
material for a nonprofit purpose would probably also be allowed.
Use that has little to no impact on the commercial market for
the original material also falls under fair use.
>
--- End Quote ---
So I've amended the Forum Rules while I fully acknowledge this
may not be an adequate defence.
--- Quote from: Forum Rules ---
>
> Copyright and Copying
>
> If you wish to draw attention to a published article (such as
an article in the Grauniad) then do not copy the whole article
but simply make a link to it (see Guide to Writing Messages).
This avoids any issues with copyright.
>
> If the article is from behind a paywall, then copying it may
infringe copyright. In order to minimise the risk of this:
>
> Always provide a link back to the original article
> Always include the title of the article, the name of the
author, the date of its publication, and the source (Telegraph,
Times etc..)
> If you must copy/paste the article, then wait at least 24
hours before copying the information (yesterdays news is todays
chip papers - harder to prove financial loss on old news)
> If possible, do not copy all the article. Only the bits
relevant to people on this message board. The less you copy the
harder to prove copyright infringement.
> If possible, use selected quotes from the original artical and
do a precis/summary/regurgitation of what was said in your own
words.
> Unless it really helps the dialogue, do not reproduce
photos/gifs from the original article. This will help the
argument that it is not the whole article posted.
> Ensure any copyright information on the article or photos
within the article is reproduced
>
>
--- End Quote ---
Thoughts?
#Post#: 71458--------------------------------------------------
Re: Copyright and Paywalls
DIR By: Brown Bottle
Date: July 2, 2021, 12:55 pm
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Looks good to me.
#Post#: 71459--------------------------------------------------
Re: Copyright and Paywalls
DIR By: Banstead Quin
Date: July 2, 2021, 1:27 pm
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Whatever works. They'll have to eventually move with the times
(pardon the pun) and understand that stuff put out for general
consumption needs different rules.
If they pump out more stuff then us rugby fans might consider
subscriptions as we are less likely to buy one to read 20 pages
of wendyball and 2 of Rugby.
Oh, and no Stephen 'one-eyed' Jones or Stuart 'still eating all
the pies' Barnes.
#Post#: 71472--------------------------------------------------
Re: Copyright and Paywalls
DIR By: Monte
Date: July 2, 2021, 4:44 pm
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I have Tel and Times subs. My Tel I officially share with other
family members but prior to this being permitted just
registering to the site used to give access to some articles
each week. So might be worth a try.
#Post#: 71473--------------------------------------------------
Re: Copyright and Paywalls
DIR By: Quinspur
Date: July 2, 2021, 5:21 pm
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As an IP lawyer, I should say that copying and pasting whole
articles does not count as “fair use”. Fair use would apply if
you take a small extract of the article and comment upon it.
Cutting and pasting breaches The UK Copyright Act. Sorry to
bear bad news.
#Post#: 71474--------------------------------------------------
Re: Copyright and Paywalls
DIR By: Simquin
Date: July 2, 2021, 6:04 pm
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As an editor, I have to agree with Quinspur. Fair use is the
partial use of copyrighted material, primarily for a critique,
although you may get away with a contextual reasoning.
#Post#: 71637--------------------------------------------------
Re: Copyright and Paywalls
DIR By: ChiddQuin
Date: July 6, 2021, 6:08 am
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I have to say whenever I post something from The Times, FT or
Telegraph (not been for quite a while on here) I have always
just copied extracts from the article and then a summary in my
own words as I have always been conscious of copyright. If a
business has decided paywalls are its business model it seems
only fair (and sensible!) to respect that.
#Post#: 71643--------------------------------------------------
Re: Copyright and Paywalls
DIR By: DOK
Date: July 6, 2021, 6:27 am
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I agree with the sentiment. However if all you want is the rugby
articles, usually the Harlequins ones but some for England
rugby, Premiership rugby, Lions every 4 years, Brian Moore and a
few other articles, it doesn't seem value for money to subscribe
to all sports. I don't follow football, Wimbledon, F1, Boxing,
Cricket, Cycling, Racing in the Telegraph. Although right now,
Lions tour and England, there's quite a lot in the Telegraph
rugby section, there's not a lot in the Lions impinges
Harlequins and not a lot in the England section either. There
was a bit of a flurry when we won the championship, but I reckon
it'll all go back to being very sparse in the near future.
So, given there will always be some people won't subscribe,
would the original author rather his deathless prose was
reproduced in full or bits of it selected for quotes and the
rest possibly completely garbled by my interpretation of what he
said?
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