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 8/29/96, Mark Loundy wrote:
>Steve Outing [snip]:
>> I don't go that far. I believe when you have posted a message to a public
>> list or newsgroup, you've "published" your words -- thus, you shouldn't be
>> surprised if they show up elsewhere. An ethical journalist will ask for
>> permission, not just for courtesy's sake but also to confirm that the
>> words are indeed written by the person on the From: line of the post.
>
>Steve,
>When I distribute my work in a newspaper or book, I've "published" my
>words, too. But that doesn't mean that I've given permission for re-use in
>any other way.
>
If you published your words in the New York Times, it won't be at all 
surprising to see excerpts subsequently in other publications (fair use). 
I'd say the same goes for newsgroup/list postings. My point: don't be 
shocked if your words show up elsewhere. Should someone lift your entire 
post to this list and re-publish it word for word in Columbia Journalism 
Review, without asking, then you've got a legitimate beef. (Legal recourse? 
I kinda doubt it, but then someone else has probably made money from your 
words so there's perhaps a chance.)

>My postings here are for distribution on this list and for storage in the
>online-news archive. They are not for any other use without my express
>permission.
>
That's what I was saying, in essence, except that the fair use doctrine 
applied in this medium should apply to a single paragraph lifted from one 
of your posts. Ethically and practically, the writer using your quote oughta 
ask first; but I doubt he/she's legally obligated to do so. You've already 
sent your words to 1,500-2,000 people on this list and placed them on a 
Web site that anyone can see. Fair use should apply here. (Of course, we're 
talking about U.S. law/practice here. I'm unsure how fair use plays in other 
countries.)

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Steve Outing                                   Planetary News
steve@planetarynews.com                        Boulder, Colorado, USA
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         Consulting services for the newspaper new media industry
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