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Andy's Bonsai Palaver

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Old 8-Aug-2004   #1
RonMartin(deceased)
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Andy's Bonsai Palaver

I see that our friend Andy Rutledge has been reading this forum again. He seems to have changed his tactics a bit though.
He no longer just puts a link to the thread that he is commenting about. He just swipes what he wants from the posting and adds "name withheld" at the bottom. Then uses the information in one of his commentaries.
Not all that moral but I guess legal.
His comments this time were surprisingly civil. Even made a bit of sense to me. Not really a bad article.
He does however need to watch the spelling in these commentaries a bit. Ron Martin is not spelled "name withheld" ;o)
No big deal though. I do need a bit of material for my news letter. I guess I'll just take Andy's commentary put what comments I think are necessary to it and then publish it. It will be ok I guess. I just have to change the way I spell Andy Rutledge. Name withheld seems to be the way to go ;o)
I do think that I will enjoy putting out my next newsletter. Looking forward to hearing Andy's comments on it. I am sure that he will find a copy of it somewhere out there in cyberspace. ;o)
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Old 8-Aug-2004   #2
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Come on, Ron. Andy quoted one paragraph. You're equating that to taking an entire essay.

Two words: Fair use.

From the US copyright office:

Quote:
The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; [etc.]


More at http://www.copyright.gov/fls/fl102.html
Worth reading if these sorts of things tend to get at your scratch spot.

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Last edited by Carl Bergstrom : 8-Aug-2004 at 09:58 AM.
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Old 8-Aug-2004   #3
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Ron's beef was not with being quoted, but rather with being uncredited.

In your example, Carl, you cite the source of the paragraph and the paragraph itself cites another specific source for its content, which all seems fair.

Fair use may let you borrow materials, but you really should credit the source.

"12. Lack of credit, or improper credit, weighs against finding fair use. However, giving someone appropriate credit, will not, alone transform a "foul" use into a "fair use."

-Copyright Permission & Libel Handbook
http://copylaw.com/new_articles/fairuse.html

Regards,

Matt
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Old 8-Aug-2004   #4
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Quote:
Originally posted by some unnamed entity:

Fair use may let you borrow materials, but you really should credit the source.


Agreed.

Unless you're trying not to embarrass the source by making an example of his words. But yeah, I take your point.

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Old 8-Aug-2004   #5
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Carl
I did say it was legal just not a nice thing to do.
How much of something has to be taken before it is a bad thing to do. Is a little bit bad not bad.
But if it will make you feel better I will only use one paragraph of Andy's essay.
You have written a lot of good things on this forum. A lot of it I really liked. Some of it I would really like to use in my articles.
Would I be ok if I went back through all the things you have posted and just took one paragraph and used it in any manner that suited me. It would be legal for me to do that.
Would you like to have at least a courtesy copy of what I used sent to you. If you just happened to find that paragraph in one of my articles while browsing through a magazine would it be ok with you.
If I did it would it be a moral thing to do. Or is it only ok if Andy does it.
I agree with you it is not a great wrong but it would still not be way a moral person would do things.
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Old 8-Aug-2004   #6
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Quote:
Why do people use painting, sculpture , etc. when talking about bonsai. The "is it art" thing always goes there. Bonsai is not painting. It is not sculpture. It is not pottery. It is bonsai. It has its own set of "rules". It is different. Bonsai can only be judged by bonsai. All else is irrelevant.


Quote:
I give up. Will just do bonsai and leave the art to those than can understand the term "artistic value"


Quote:
I spent 4 years at the Maryland University of Art and I hate to say it but I still can't understand what you are talking about.


To make these quotes in a debate about art... Andy was doing you a favor. Obviously some know more about the subject than you or I.

To quote someone from the forum: "think about it". ( Ron Martin)

Respectfully, Al

BTW...
Quote:
If I did it would it be a moral thing to do. Or is it only ok if Andy does it.
Big deal Andy is immoral, we all have excepted that. If Andy told you jump off a bridge would you do it? Come on this is not the sixth grade here. If you wish to take the moral highway, that is what I will remember about you
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Last edited by bonsaial1 : 8-Aug-2004 at 12:33 PM.
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Old 8-Aug-2004   #7
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Quote:
Originally posted by bonsaial1

If you wish to take the moral highway, that is what I will remember about you


Why thank you Al. Nice of you to say that. I would always rather someone remember me as a moral person.
Have a great day. ;o)
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Old 8-Aug-2004   #8
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What a bizarre situation we have here.

One person who has had a beef with others in the past for misuse of pictures. Another who has a beef with an absent third person because of the third person's beef over misuse of pictures. The first two being best of buddies and willing to defend the other come hell or high water. One of the first two being ready to defend the honour of the third despite the third's blatant dishonourable intentions. The other of the first two having fallen out in the past with the third over aforementioned misuse of pictures. Either of the first two being nasally discomforted by the arrival of a fourth on 'their patch'. A fifth person poking his nose in where its not wanted (that's me). Matt, you can be number 6, and don't tell me 'I'm not a number, I'm a free man"...

Just having fun,

Chris.
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Old 8-Aug-2004   #9
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Now that if funny Chris. You do have a vivid and charming sense of humor.
Not sure though but, I don't think anyone mentioned pictures. That would have raised some eye brows. ;o)

Last edited by Ron Martin : 8-Aug-2004 at 07:53 PM.
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Old 8-Aug-2004   #10
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Good news

FWIW Andy has seen the light. He has now changed my name from "name withheld" to my real name. That is cool and I do thank him for that.
He did rewrite the article to give it a different slant. But that is ok, he is entitled to his opinion. Quoting me was ok. I am just not sure the Mr. Name Withheld would be happy with the original quote.
Now at least the "kind " words are directed at the right person.
Pity the rewrite took a bit of a different direction. Guess I deserved it. Some will agree with him, But that is good because now everyone knows who he is talking about ;o)
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