permission to quote?

**D C Blood** · Jan-22-2009, 5:54pm

Hey Scott, Can I use some quotes from the Message Board on my Silver Angel Myspace site? With appropriate atrtribution to the Cafe, of course.

**Bill Snyder** · Jan-22-2009, 7:11pm

DC, why don't you ask the members that you wish to quote?

**Scott Tichenor** · Jan-22-2009, 8:52pm

If a member is being quoted, it should be with their permission. While I don't mind the Cafe being quoted, it's more accurate that the quote be attributed to the person making the statement vs. it coming from the Mandolin Cafe. If it's something I said, then it would be appropriate to say it came from the Cafe. Hope that makes sense. If not, let us know what those quotes are and I'll weigh in on it.

**D C Blood** · Jan-22-2009, 9:22pm

Of course I will get permission from the indivuals, but thought I'd check with the Cafe too, as something published on the Cafe Message Board could be construed as being copyrighted.

**Scott Tichenor** · Jan-22-2009, 9:58pm

I'm no lawyer mind you. Could it be copyright if it's posted here by a user? Don't really know--possibly. Am I interested in user comments being copyrighted? No. Good questions, and I appreciate you asking.

**jbrwky** · Jan-23-2009, 8:32am

I think anything that tumbles out of my mouth or is written into a public forum is public domain and can be quoted. If I write something for publication to earn money then I need to state my claim to it and intention to protect it. Just my way of thinking, not a legal opinion.

**Nate** · Jan-23-2009, 9:31am

Originally Posted by Scott Tichenor

I'm no lawyer mind you. Could it be copyright if it's posted here by a user? Don't really know--possibly. Am I interested in user comments being copyrighted? No. Good questions, and I appreciate you asking.

Not only "could be," but automatically is, according to [US] copyright law.

Anything that is an original work of authorship with a modicrum of creativity fixed in any tangible medium of expression whereby it can be perceived by others is automatically given copyright protection under the law the instant it is so fixed. Insofar as a forum post here (or anywhere else) represents someone's creative work of authorship, it is copyrighted.

This leads to strange situations, since almost all forums allow moderators to delete or edit other members' forum posts, which would technically be a destruction or a derivative of a copyrighted work (exclusive rights provided to the author of the work). I think for sanity and practicality's sake, this issue has never really been touched on legally, but it's there.

**Timbofood** · Jan-23-2009, 11:22am

Is that like Alexander Graham Bell sending the letter to his wife about the discovery date during the patent dispute with Edison?
(The Don Ameche version brings that up)
I've heard if you send a certfied letter to yourself with pertinant information, it can be used as "Evidence" if it is unopened until presented to the court.
You can learn so much from old movies!

**ApK** · Jan-23-2009, 4:09pm

Originally Posted by Nate

This leads to strange situations, since almost all forums allow moderators to delete or edit other members' forum posts, which would technically be a destruction or a derivative of a copyrighted work (exclusive rights provided to the author of the work). I think for sanity and practicality's sake, this issue has never really been touched on legally, but it's there.

Whether or not general conversational messages are copyrightable, by the terms of use of the forum, you agree to give the forum mods that right.

The terms of use COULD say (and on many forums, especially corporate ones, they do) that anything contributed become property of the forum, so you are required to give up any claims if you want to use the forum.

Originally Posted by Timbofood

I've heard if you send a certfied letter to yourself with pertinant information, it can be used as "Evidence" if it is unopened until presented to the court.
You can learn so much from old movies!

Absolutely zero legal value, in the US anyway.

Not very surprising as any nosy sibling can show you how to open and reseal an envelope....

ApK

**Nate** · Jan-23-2009, 4:16pm

Originally Posted by ApK

Whether or not general conversational messages are copyrightable, by the terms of use of the forum, you agree to give the forum mods that right.

The terms of use COULD say (and on many forums, especially corporate ones, they do) that anything contributed become property of the forum, so you are required to give up any claims if you want to use the forum.

This is true. Good point.

**Ted Eschliman** · Jan-24-2009, 6:00am

I think the larger issue here is one of context and permission. Let's say an automobile designer posts something on a public forum that was positive about a competitor's car. If the competitor chose to extract the quote for use in their print marketing using the designer's name, that would be a problem for him/her as an employee.

If someone posted postive comments about Rogue Mandolins, and this was used in advertising, names attributed (without permission), references to the Cafe as the source, you might find some objections. Also, the converse, negative comments might be fodder for slander.

The Cafe is just the vehicle. You need to go to the driver.