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AND WITHOUT ATTRIBUTION?

by Sharon Rondeau

(Jul. 8, 2012) — The Post & Email requests that the reproduction of our copyrighted work at the website www.nativeborncitizen.wordpress.com be given proper attribution.

While we are happy to have anyone cite our work, it is a violation of U.S. copyright law and the Fair Use Standard to copy material from our original articles and fail to cite the source properly with a link back to The Post & Email.  Our permission to reproduce was not sought regarding any of our work on this particular website.

Copyright law dates back to 1790.  The Post & Email’s copyright policy is here.

The U.S. Copyright Office states of 17 USC §107:

Copyright protects the particular way authors have expressed themselves. It does not extend to any ideas, systems, or factual information conveyed in a work.

The safest course is to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.

When it is impracticable to obtain permission, you should consider avoiding the use of copyrighted material unless you are confident that the doctrine of fair use would apply to the situation. The Copyright Office can neither determine whether a particular use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.

Views can differ as to what constitutes “fair use.”  Wikipedia, whose material is generally licensed in the public domain, has some “non-free content.”

At 2:22 p.m. EDT, the following comment was left at Native Born Citizen:

It is an infringement of U.S. copyright law and the Fair Use Standard to copy The Post & Email’s original content and fail to provide a link back to the website. I ask that you please add proper attribution or remove any posts with content from The Post & Email. Thank you.

Our comment was published and responded to:

NBC says :

Without agreeing with your legal interpretation of Fair Use, I am more than happy to link to your web site. I hope that my contributions are helpful in improving the accuracy of reporting.

We find it interesting that Native Born Citizen, which is primarily an “Obama eligibility” website, would follow the Fitzpatrick case so closely so as to attempt to refute Fitzpatrick’s discovery of the 1984 laws which directed the Tennessee trial courts to reorganize.  In fact, the author(s) have written a great deal about Fitzpatrick, claiming to have superior knowledge of Tennessee law.  Perhaps they do and perhaps they do not.

It is possible that citing our work without our permission has impacted our income, as we are primarily a subscription site.  Who is providing our material to this website?

Why are they needlessly impugning the reputations of others in unrelated cases to their leader, Obama?

Since Native Born Citizen supports Obama unconditionally, we would ask that the owner(s) of the website take Obama’s advice to the American people wherein “everyone plays by the same set of rules.”

After all, “It’s the right thing to do.”

Update:  As of 3:35 p.m. EDT, we see that some links are now in place leading back to our original articles.

The Fogbow also reads our publication regularly but provides attribution [Warning:  obscene language], which is appreciated.  We wonder to which level these readers subscribed?

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3 Comments

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  1. Too bad they started attributing P&E as the source Sharon. I was ready to donate to any legal action you may have considered. It is good that the word (your articles which I consider the most truthful on the internet)is getting out to the braindead masses through their own misstating and misappropriation of facts orgs. May they begin to learn, breathing the truth, as they flop around like fish out of water.
    ——————
    Mrs. Rondeau replies: Legal action could still be considered. I expect a link back to every article from which these nameless and faceless cowards quote.

  2. Dear Sharon,
    Good for the P&E.
    It be one thing if only the ignorant and delusional would suffer, but, unfortunately, that’s not the case out here in the Real World.
    Out here in the Real World, responsible Patriots deal in FACTS, and not in “Fairy-Tale-Make-Believe” nonsense, such as “I believe Obama was born in Hawaii”.
    It’s nice to believe in childish dreams, if you’re a child. It’s fun to emulate a teenage hero, if you’re a teenager. But when one becomes an adult, it’s time to put childish and teenage fantasies behind and face the music, to face reality.
    When Obama produces a Birth Certificate then we’ll believe (one does not have to stoop and add the word “legal”).
    And since he (Barry Soetoro or whoever he’s pretending to be today) has not produced the required documents that would vet him for employment with the US government, it is safe to say the CLOWN OBAMA SHOULD BE TARRED AND FEATHERED AND RUN OUT OF TOWN, and that includes those folks at Native and Natural Born, 14147 N Northsite Blvd., Scottsdale, AR 85260.
    Sincerely,
    OPOVV

    1. “YUP!!”, and besides IF for some reason some of my “Comment Diatribe” were to accompany an Editorial, they would have to have an “English Professor” expound on the meaning of “USURPER, FRAUD and FELON!!”