[HPforGrownups] Teaser Card; Nightcaps

[bloubet at incanmonkey.com]

No: HPFGUIDX 46962

Sherry said:

>Erm... I don't think that buying this card is the same as buying the copyri
ght.
> JKR wrote it, so she retains the copyright.  Buying the card is like buyin
g a
>book - you have the right to read it, loan it out, cite it, etc. but *not* 
to
>make photocopies and sell them.

>Now, from what I understand, if we simply *post* what is on the card, nobod
y is
>making any money off of it, and it becomes comparable to loaning out a book
 you
>have bought.  Furthermore, if we all contribute to its purchase, then it
>belongs to *all* of us and we all have the right to read it.  But to be on 
the
>safe side, it would be best to just be up front with it and ask permission.

As I understand it (and I do have some experience with the printed word and 
using it on websites), posting the contents of a copyrighted work is NOT the 
same as loaning out a book. It's the same as printing a new copy of the work 
and distributing it for free, impacting the livelihood of the original author 
(and holder of the copyright). Unless you can guarantee that only people who 
have contributed to the payment for the card are seeing what's on it, it 
could be a very sticky wicket indeed.

You can post (or reprint) a limited quote (and there are specific limits as 
to quote length) and fall within the "fair use" clause of copyright 
violation. Distributing the entire copyrighted work to multiple users who 
haven't paid for it is right out.

Again, this is as I understand it, and limited to American usage. I'm no 
lawyer, but I deal with print and the internet daily. It sounds like we're 
all agreeing that asking permission up front is the best road. (This wasn't 
meant to be an argumentative post, just informative. If my tone is a bit 
brusque, blame it on lack of sleep from having to read the fun HP posts 
before I can go to bed. *grin*)

bel

P.S. Someone recently mentioned "nightcap, whatever that is". Maybe it's just 
American. A nightcap (unless you're talking about a thing you wear on your 
head while you sleep *grin*) usually refers to a last drink before bedtime, 
often, but not always, alcoholic. A hot toddy, a glass of sherry, a last warm 
cuppa could all be a nightcap. At a guess, the term relates back to that 
thing you wear on your head while you sleep (much more popular 100 and more 
years ago than now). In either case, the nightcap is the last thing you "put 
on" before you go to bed.