Legal Message board question

[Terrasanct]

Edited because not relevant anymore. Sorry.

[Mridu]

Hi there,

I think it's highly unlikely that you'd be sued over a message post, but it would be considered immoral. But here's a thought:

Why don't you contact the posters by e-mail and ask for their permission? Most of them won't mind (specially if you can keep them anonymous) and it'll solve your purpose too.

Btw-- some posters will mind if you use their screen names too. For instance, my screen name is also my real name, so by quoting my screen name, you're quoting the "real" me.

[Terrasanct]

Edited.

[rtilryarms]

Mridu probably meant unethical in the sense that you would be copying other people's thoughts and writings. I'm not saying I agree but immoral was probably the first word popping up.

If I may suggest that although we can discuss legalities, law should be advised only through your legal counsel. I know, I know lawyers are sharks but if you don't have one, your opponent surely will. I hire shark killers.

Look closely at the TOS of each message board for copywrite info. You could also email the Board Op for advice. I would never publish anyones real email addy or screen names. That is a lawsuit invitation. I get enough junk as it is. And my screen name is mine not yours.
A third alternative is to keep the subject matter but rewrite the actual postings. Being creative will probably make it better anyway and you also wouldn't have to worry about legal troubles, I think, but ask your Lawyer.

Regards;
Mike

[aka eraser]

Using real screen names opens a can of worms. Sure, most are invented, but on many, many boards (including this one), anyone can click on the nick and often see "real" information, sometimes including real names, about the poster.

I would echo rt's advice about changing the posts and go one further: Change the screen names, and announce the fact that you have changed them. Because no matter what nicks you invent as replacements, someone, somewhere, is likely using it, or a close variant.

[mammamaia]

as noted above, picking 'fake' names can still get you into trouble, if they happen to be 'real' ones of other folks... so why don't you use numbers instead?

as for using people's posted messages verbatim, i also consider that unethical at best, immoral at worst, and possibly actionable, though probably not illegal...

it's the same thing as quoting a conversation you overhear and not getting the people's permission to quote them before using it in a book... it's possible that one or more of the folks could see it and consider it an invasion of their privacy, even if they did post their 'conversation' in a forum...

so, if you're considering writing something you will submit to publishers, you should consider the legal ramifications very carefully, beforehand... believe me, if you don't, they will!

love and hugs, maia
[my real name, so don't use it!]

[Terrasanct]

..

[FerryBoatCaptain]

A few points ...

The main one:

1) Once something is written (paper or electronic), it is protected by US copyright law. Period. The intellectual property rights are owned by the poster (regardless of their "name"). You must get permission to use that person's quote, however, I agree that in an internet environment populated by "fake names", the likelyhood of being sued is extremely low. It most likely would not hold up in court.

OK, a few other notes ... where things get fuzzy.

2) Number 1 above is the key, however, I've seen the Legal Disclaimers on various boards (EZBOARD, for example) state that in order to use any content from any forum on EZBOARD, you need EZBOARD's permission as well. Again, the intellectual property rights are owned by the author of the quote. If EZBOARD gives you permission to reporduce information contained in its posting environment, YOU STILL would need to get the originators authorization.

3) Most publisher's will recognize this law when reviewing your manuscript. Even the POD's. Keep this in mind when you submit. You may be asked to get the appropriate forms before they will publish.

4) There is a "loop hole" in this whole copyright law stuff. It's called "Fair Use". I don't want to even get into this as there are so many ways to spin the legal definition. But, feel free to do some research in this arena. Let me help point you in the right direction ...

www.prairielaw.com/messag...21&mbId=51 (http://www.prairielaw.com/messageboards/board.asp?channelId=21&mbId=51)

The above is a great resource for getting free legal advice on intellectual property. I think you will find the answers to many of your questions. I hope this has helped some and has not scared you too much.

In all, I understand that this might be a very difficult task in an environment populated by faceless names and alias'. But, the law is the law. Again, the risk of getting sued over the unauthorized use of a quote obtained on an internet message board is low, but, taking that risk is up to you. Good luck.

[rtilryarms]

Very informative thanks.

[rtilryarms]

"Edited by: Terrasanct at: 3/3/04 12:08 pm"

Was it something we said?