From: ET <et@tarik.com.au> Reply-To: air-l@aoir.org Date: Tue, 25 May 2004 10:01:10 +0930 To: air-l@aoir.org Subject: [Air-l] re:Response to Thomas Koenig - Part I
Charles, you wrote... "2. The central question then becomes - what counts as a recording or registration of publicly observable behavior? Part of the difficulty here is making an analogy between offline recordings (via cameras, video and audio tape recorders, etc.) and what is now a publicly available archive of USENET postings. It seems to me that there is a strong analogy. Recordings/registrations give us an enduring and publicly accessible source of information for subsequent analysis - and certainly the publicly accessible archive of USENET postings does the same thing."
Now I am confused.
I see the publicly available archive of USENET and the information available on websites as a library. One doesnt ask permission from every source of information used in a library when conducting a study, does one?
As Dan Burk's post made clear, I thought - the situation depends on the "fair use" or equivalent guidelines for the use of copyrighted material. I don't know what the situation in Australia is - but then we have the further interesting question of what to do with a resource that is almost by definition international. The Berne convention should apply, as Dan makes clear - but whose "local" rules for fair use (if any) apply? cheers, charles ess