Misplaced Pages

Revision as of 02:19, 5 December 2007

NYScholar is busy in real life and may not respond swiftly to queries.

Disclaimer: NYScholar is not in any way affiliated with a personal website called nyscholar.com. This Misplaced Pages log-in identity is simply descriptive: "NYScholar" is an academic scholar who resides in New York. This Misplaced Pages log-in identity, used since June 30, 2005, pre-dates the existence of that website, which began on January 30, 2007.

Talk archives

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Copyright

General information

For general information about the status of current Misplaced Pages policies pertaining to copyright, fair use, and copyright infringement, please consult also:

(I do not have time to discuss any of these matters further in Misplaced Pages.) --NYScholar 20:52, 3 September 2006 (UTC)

Some related United States Government resources

• United States Copyright Office.
  • Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code: Circular 92.
    • Preface.
    • Definitions.
    • Section 106.
    • Section 106a.
    • Section 107.
      • Fact sheet for Fair Use (July 2006).
    • Section 108.
    • Section 113.
    • Note 37.
    • Note 38.
    • Note 39.
    • Note 45.
  • FAQ.
    • FAQ: How is a copyright different from a patent or a trademark?
• United States Patent and Trademark Office.
  • Basic Facts about Trademarks.
• Visual Art Works. (With relevant links.)

(All accessed 3 September 2006. Updated 11 November 2007.)

Related sources

• Achtert, Walter S. "The New Copyright Law." PMLA 93 (1978): 572-77. (Accessible via Jstor (University Library subscription-based.) Accessed November 10, 2007. (Pertains to the U.S. Copyright Revision Act of 1976.)

Information pertaining to registered trademarks and copyright pertaining to images of the Nobel Prize Medals

• The Nobel Prize Medals at nobelprize.org.
• "The Nobel Peace Prize Medal" at nobelprize.org. (Cf. Image:DSCN0732.JPG, a "Derivative work", whose image page and use in Misplaced Pages's Nobel Prize infobox are still disputed, given its closeness to the registered trademark and copyrighted image of the Nobel Foundation, its "author" of record.)
• For discussion, please see: Image: Nobel medal dsc06171.jpg, its talk page, and cross-linked images and talk pages.
• For the Nobel Foundation's "Copyright and Trademark Information", please see "Copyright and Trademark" on its site and the related PDF. Specifically, re: its "Trademarks": it states:

For the "copyright" information, please check the same links and linked PDF:

• I've added a query on the Misplaced Pages:Media copyright questions page..
• I've also added links in the query to WP:IUP, particularly to WP:IUP#Public domain and WP:IUP#Fair use considerations; see also WP:IUP#User-created images for guidance.
• For a source published in 1963 with illustrations of the Medals for the Nobel Peace Prize, see the Library of Congress entry for: "Nobel Peace Prize". Look. Photograph collection. 19 Dec. 1963. (Notice refers to some "restricted rights".)
  • Cites "11 images published in" an article entitled "The Nobel Prize", produced by Jack Star, Look 28.6 (24 Mar. 1964): 72-78.
  • For an online catalogue to the "Look Magazine Photograph Collection", one may want to consult Archive at the Library of Congress.
• "Copyright and Other Restrictions That Apply to Publication/Distribution of Images: Assessing the Risk of Using a P&P Image". . [Hyperlinked; see "duration of copyrights" ("How Long Copyrights Last"), as pertains specifically to photographs and other images whose documented publication is protected by copyrights in the United States (per se) and/or whose copyrights have been registered in the United States (per se). That webpage is hyperlinked and provides links to U.S. Copyright Office documents that pertain to the publication of images inside and outside of the U.S., including the U.S. Copyright Office PDF circular "Copyright Basics", which provides information about "one complicating factor" pertaining to images that were work for hire:

That appears to apply to works protected by copyright in the United States; how it applies to copyright and to possible renewals of copyright in other countries is not stated in that quotation; see page 2 of Circular 1 through at least page 6 of Circular 1 for more information, particularly about automatic renewal of copyright (not requiring registration) provided in revisions of the 1976 U.S. law: "*Note: The copyright in works eligible for renewal on or after June 26, 1992, will vest in the name of the renewal claimant on the effective date of any renewal registration made during the 28th year of the original term. Otherwise, the renewal copyright will vest in the party entitled to claim renewal as of December 31st of the 28th year."

• The full U.S. Copyright Code (Title 17) is accessible as a PDF file: Circular 92: Copyright Law of the United States of America and Related Laws Contained in Tıtle 17 of the United States Code. Cf. earlier sections posted above w/ links to the U.S. Copyright Office.
• Chapter 13 of Title 17 (Circular 92) pertains to "Protection of Original Designs" (226–240). (Note pertaining to designs/images that result from work for hire: : 1902 plus 95 years begins in 1998; 1902 plus 120 years begins in 2023. See page 240 and previous refs. to automatic renewals of copyrights in later revisions of the 1976 U.S. law. See note 6: "6. The effective date of chapter 13 is October 28, 1998. See section 505 of the Digital Millennium Copyright Act, which appears in Appendix V.") Given the note from page 6 already quoted, the 28th year from 1902 begins in 1931, plus 95 years begins in 2026; the 28th year from 1902 begins in 1931, plus 120 years begins in 2053. The shorter of the two durations would apply (2026). (Those dates are possibly also contingent on whether or not the copyrights ever existed in U.S. law and/or were ever renewed in U.S. law. See chart below.)
• The Cornell University chart linked via the Library of Congress: "Copyright Term and the Public Domain in the United States 1 January 2007 (note) 1: Never Published, Never Registered Works". (See references and qualifications throughout the notes to what constitutes a "work" that can be considered "published"; the pdf version provides a link to the most current html version as well.) Note the dates pertaining to work for hire relating to commissioned designs for a three-dimensional object (e.g., a "medal" that is "minted") (by a non-person author, organizational/corporate entity) that may "never have been published" or "never registered" in the United States per se. If the "designs" for the medals were "published" and "registered" (and their "creation," "publication," and "copyrights"/"trademarks" pertaining to those "designs" for the medals) were renewed in Sweden after 1902, that information needs to be researched and taken account of as well. The copyright and trademark notices on the Nobel Foundation website claim ongoing "proprietary rights" to all the items referred to as "collectively, the 'Nobel Foundation trademarks'" cited in the quotation at top of this section. Those include the designs of the images of the "Nobel Prize®" medals, namely: "the Nobel Medal® design mark", images of which are presented on the copyrighted website (2007). In the Cornell U chart, see the last section: "(Note: Architectural plans and drawings may also be protected as textual/graphics works)."
• The language of that note relates to already-cited (see above) references in U.S. copyright law to "designs" for sculptures and other works of art that are commissioned: Chapter 13 of Title 17 (Circular 92) pertains to "Protection of Original Designs" (226–240). See espec. Section 113 ("Scope of exclusive rights in pictorial, graphic, and sculptural works") (c) for possibly-relevant points pertaining to images of the "Nobel Prize® medals" uploaded to Misplaced Pages and/or Misplaced Pages Commons, and their use in Misplaced Pages articles.
• I cannot devote any more time to these matters. I've provided all I have time to provide.

Issues relating to Misplaced Pages as a source

Problems that academic scholars find in Misplaced Pages

• Read, Brock. "Can Misplaced Pages Ever Make the Grade?" Chronicle of Higher Education 27 October 2006. 9 July 2007. (For additional articles on Misplaced Pages in the Chronicle, see its menu links in "Related materials.")

Related perspectives

• Lapp, Alison. "Misplaced Pages's Opponent", PC Magazine 2 May 2007. 9 July 2007. (Concerns the founding of Citizendium and Scholarpedia.)
  • Citizendium: The Citizens' Compendium: Welcome page. Founded by Misplaced Pages's co-founder Larry Sanger. (Described misleadingly in the cross-linked Wikinews article as "a Misplaced Pages fork". Though early memoranda by Sanger initially described it as such, Citizendium is not any longer a so-called "Misplaced Pages fork"; it is now a separate project, independent of Misplaced Pages. It serves now as an alternative to Misplaced Pages.)
  • Scholarpedia: The Free Peer Reviewed Encyclopedia: Welcome page––another project also conceived as an academic scholarly alternative to Misplaced Pages in specific technical fields. ("Scholarpedia is a free peer-reviewed encyclopedia that combines the philosophies of Misplaced Pages and Encyclopedia Britannica. Scholarpedia hosts Encyclopedia of Computational Neuroscience, Encyclopedia of Dynamical Systems, and Encyclopedia of Computational Intelligence. All three will be published in a printed form, and will be used as seeds to start Encyclopedia of Cognitive Neuroscience, Encyclopedia of Applied Mathematics, and Encyclopedia of Computer Science .")

Jimmy Wales on the importance of properly-sourced material

• Wales, Jimmy. "Getting Rid of Bad Fair Use". lists.wikimedia.org 19 May 2006. 9 July 2006. (Advocates deleting copyright violations from Misplaced Pages and its related Wikis and following "fair use" provisions of copyright laws.)
• –––. Keynote Address excerpt. Wikimania, August 2006.
• –––. "WikiEN-l Zero Information Is Preferred to Misleading or False Information". mail.wikimedia.org 16 May 2006. Wales asserts: "We have a really serious responsibility to get things right."

Importance of properly-sourced material in articles pertaining to living persons

• WP:BLP: "Be very firm about high-quality references, particularly about details of personal lives. 'Unsourced or poorly sourced contentious material — whether negative, positive, or just questionable — about living persons should be removed immediately and without discussion from Misplaced Pages articles, talk pages, user pages, and project space'" (Qtd. from Misplaced Pages:List of policies).
• These principles also apply to material about living persons in other articles and for all articles on any subjects. The responsibility in Misplaced Pages for justifying contentious or otherwise questionable content of all kinds but especially for contentious or otherwise questionable content about living persons rests firmly on the shoulders of the Misplaced Pages editor providing the content.

Academic Criticism of Misplaced Pages

• Cohen, Noam. "Education: A History Department Bans Using Misplaced Pages As a Research Source". The New York Times 21 February 2007. 9 July 2007.
• Gonsalves, Antone. "Britannica Slams Nature's Misplaced Pages Comparison". InformationWeek 24 March 2006. 9 July 2007.
• Wales, Jimmy. "Misplaced Pages Founder Discourages Academic Use of His Creation". The Chronicle of Higher Education 12 June 2006, "The Wired Campus: Education News from around the Web". 9 July 2007.

Happy Thanksgiving

To those who celebrate it! (Will be away.) --NYScholar (talk) 00:12, 22 November 2007 (UTC)

Fact Checking

On October 7 you posted the following in a discussion about the MLA Style Manual, " If I recall correctly, after Achtert's death, Gibaldi revised it and became sole author".

When I referred your comment to MLA I received the following response, "The Misplaced Pages entry you sent to us makes a false assumption--that Walter Achtert's name was not listed on the second edition of the MLA Style Manual and Guide to Scholarly Publishing, published in 1998, because he had died. I understand that Walter left the MLA staff around 1995 and was not involved in the preparation of the 1998 volume."

My brother left academic life and has been living a reclusive life. That being the case, it might have been possible that I had missed his death. However, after much anguish and effort I can assure you that you know nothing about his death because he is very much alive.

The casual reference to the "fact" was unnecessary for your discussion and raises some issues about fact checking.

Aachtert (talk) 02:10, 5 December 2007 (UTC)Alfred Achtert Jr.

I had already corrected this error. This is an unnecessary continuation of previously-changed material. It was a mistake that I have already apologized for a few weeks ago now. A source that I had encountered had assumed that Achtert had died. It was the source's error. Sometimes errors do occur in sources, and when I discover them, I correct the erroneous material; in this case I removed the erroneous reference. After learning that a family member was trying to contact me by email (which I do not use in dealing with Misplaced Pages), I researched the matter further and corrected the error. I removed the references due to my realizations of that mistake. As I can no longer find the source, I cannot refer you to it. I do apologize for the inadvertent mistake. It was an honest error. I will be archiving this discussion. You can find the previous discussion already archived. --NYScholar (talk) 02:17, 5 December 2007 (UTC)