[-empyre-] ' moral rights' re: permission to quote

[antoanetta ivanova <antoanetta@start.com.au>]

Melinda and everyone on the list - hello

Apologies for not been able to respond in the past 
week or so. Below some response to the most 
recent discussion, hopefully can be of use to some 
of you.

Melinda and Jeni?s last emails relate to on-line 
protocols and privacy issues, as well as 
IP/copyright issues.
Different groups + lists are set up for different 
purposes, representing the ethics and values of 
the sub-culture or the group that they represent. 
They are first and foremost set up for the benefit of 
those contributing, and even though not legally 
stated, there is the common understanding 
acceptance of a shared good will & community 
ethos.... I am yet, to meet a person who has not 
been subjected to electronic bullying ie. received 
written verbal abuse, been seriously 
misunderstood or quoted out of context as a result 
of a statement made public via an list by a 
cyber-bully or a list-junkie.

So here a reminder in relation to Common Law  
regulations, that can be useful, unless all users / 
list contributors agree on a mass electronic abuse!

This goes for both the information contributed 
electronically, in print or spoken form.

? DEFAMATION

Material is Defamatory if it is:
- likely to injure a person?s reputation
- likely to injure a person in his/her profession or 
trade
- likely to induce other to shun or avoid or ridicule 
or despise the person
- material may be defamatory even when it is not a 
direct statement. Insinuations and innuendo are 
defamatory if the person or the people to whom 
they are addressed are likely, in the view of the 
community, to think less of the person discussed ( 
A photograph that causes a person to be ridiculed 
can be defamatory)
- LIBEL is the publication of defamatory matter in 
permanent form including email. SLANDER is the 
publication of defamatory matter in non-permanent 
form, such as spoken word.
- Accidental Defamation  - information circulated 
without ill-will to the person defamed. It is normally 
followed by (immediate) APOLOGY.
- PRIVACY - You are most likely to have received as 
well as signed emails with privacy disclaimers, so 
I won?t go into further detail. 
**********
- most of the time participant exhibit high degree of 
curtesy towards one another and even if opinions 
substantially differ the expression is in the context 
of having an open discussion rather then 
vindication.
*********
In relation to the use of electronically posted, 
discussion groups material for printed 
publications with commercial application, this can 
potentially be perceived / regarded as an 
exploitation of the list?s contributors ideas, time 
and professional knowledge. 

If an ideas discussed in a list context, is taken up 
by an artist and developed into an independent 
project ?that is fine, for if there are a 100 artists 
interpreting that idea, there will be at least a 100 
original works.  But if an original, already created 
project/ text/ research has been quoted and/or 
used in a new project then there can be an issue 
of infringement or plagiarism, which is a legal 
offence.  (And I don?t think artists would openly 
share their original ideas, anyway!)

In the discussed book example?
To avoid misunderstandings re: copyright it is best 
to define the purpose/ use of the publication. If the 
author expects to gain revenue from it, then the 
contributors need to be paid a fee for their 
submissions to the book?s content. 
If it is for educational, research purposes, a 
permission is still needed but it is more likely that 
the contributors may waive their copyright and 
support the author in principle. Either way, it is best 
to contact each person [to be] involved in the 
publication, so there is a process of transparency 
and clarity re:  the terms and conditions of use of 
their material.

Moral rights - is the right of integrity and the right of 
attribution, meaning that even if there isn?t  a fee for 
a copyright use, the material will remain quoted/ 
?translated?/printer, referred to... in the context it 
was submitted and the authors/contributors? 
names credited.

Melinda, [fiberculture] published last December a 
book based on the discussion list, they also 
published some of your text, perhaps you can use 
that as a model if you think it was successful.

And fromprevious conversation I know you are on 
the right track - good luck with it, it is an important 
step in your research!

There are few other matters in relation to earlier 
postings, but will reply to them in a separate email.

Hope all is well with everyone. 

Nova best

/
Antoanetta



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