Reply
 
LinkBack Thread Tools Display Modes
  #1   Report Post  
Old May 1st 10, 01:15 PM posted to misc.legal,rec.games.chess.politics,rec.games.chess.misc,alt.chess,soc.culture.usa
external usenet poster
 
First recorded activity by ChessBanter: May 2006
Posts: 14,870
Default Copyright Law and the Kinsey Report on the Human Female

On Fri, Apr 30, 2010 at 5:28 PM, Klein, Michael A
wrote:
Mr. Sloan: You are sadly mistaken as to who can claim copyright. You are
confusing authorship and copyright ownership. One can be a holder of
copyright and not be the author. One can be an author and not be the holder
of copyright. The penalties for copyright violation are extremely severe..


Sorry, Mr. Klein but it is rather you who are mistaken about copyright
law.

The book I reprinted was the 1953 original book published by W. B.
Saunders. This book does not contain any copyright notice of a
copyright claim by the University of Indiana. At that time, copyright
registration and copyright notice were required.

Your 1981 "renewal" of copyright did not list it as a "Work Made for
Hire". It is obvious that this was not a work made for hire. If you
were to claim that it was a work made for hire just because Dr. Kinsey
was a college professor at the University of Indiana, you would be
claiming that every work written by every college professor in the
world is owned by the university who employed him.

In addition, the University of Indiana has never published the Kinsey
Report on the Human Female, so you are not the publisher either. (You
did reprint the Kinsey Report on the Human Male in 1998 however.) It
is because of the fact that you never published the Kinsey Report on
the Human Female while nevertheless asserting a copyright claim that
this book was almost impossible to obtain, before I reprinted it. I
searched for months before I could ever find one. I finally bought one
from an obscure bookseller in Vienna, Austria. None were available in
the USA.

The law of copyright is explained by the United States Court of
Appeals in Twentieth Century Fox Film Corp. v. Entertainment
Distributing, 429 F.3d 869, 875 (9th Cir. 2005)

"Section 24 of the 1909 Act provides that the initial copyright shall
last for twenty-eight years. 1909 Act, 17 U.S.C. § 24. The proprietor
of “any work copyrighted . . . by an employer for whom such work is
made for hire” is entitled to a renewal and extension of the copyright
for an additional term of twenty-eight years if the employer makes the
appropriate application for renewal within one year prior to the
expiration of the copyright original term. Id.
In the case of art not created as a work-for-hire, however, only the
author may renew the copyright in the final year of the initial twenty-
eight year period. Id. If the author is not alive during the one-year
renewal period, then such right of renewal passes to the surviving
spouse, or children of the author, then to the executors of the
author’s estate, or in the absence of a will naming executors, to the
next of kin. Id.
"If no such renewal is made by the appropriate family member or
executor, the copyright expires twenty-eight years from
publication."

Thus, for a copyright renewal to be valid it would have to be made by
"the surviving spouse, or children of the author, then to the
executors of the author’s estate, or in the absence of a will naming
executors, to the next of kin."

Since no surviving member of the family of Dr. Kinsey filed for
copyright renewal, the work passed into public domain.

Sorry, but you lose.

Sam Sloan

http://search.barnesandnoble.com/boo...SBN=4871877043
http://search.barnesandnoble.com/boo...SBN=4871877051
http://search.barnesandnoble.com/boo...SBN=4871877019
http://search.barnesandnoble.com/boo...SBN=4871877027
http://search.barnesandnoble.com/boo...SBN=4871877035
http://search.barnesandnoble.com/boo...SBN=0923891218

http://www.amazon.com/dp/4871877043
http://www.amazon.com/dp/4871877051
http://www.amazon.com/dp/0923891218
http://www.amazon.com/dp/4871877019
http://www.amazon.com/dp/4871877027
http://www.amazon.com/dp/4871877035
  #2   Report Post  
Old May 1st 10, 06:05 PM posted to misc.legal,rec.games.chess.politics,rec.games.chess.misc,alt.chess,soc.culture.usa
external usenet poster
 
First recorded activity by ChessBanter: Apr 2007
Posts: 3,170
Default Copyright Law and the Kinsey Report on the Human Female

"The clitoris is easy to locate as it is marked with a small c inside
a circle."
  #3   Report Post  
Old May 1st 10, 06:27 PM posted to misc.legal,rec.games.chess.politics,rec.games.chess.misc,alt.chess,soc.culture.usa
external usenet poster
 
First recorded activity by ChessBanter: Aug 2009
Posts: 114
Default Copyright Law and the Kinsey Report on the Human Female

I believe "the University of Indiana" is fictive. I suggest that you
mean "Indiana University."

David Ames
  #4   Report Post  
Old May 1st 10, 08:23 PM posted to misc.legal,rec.games.chess.politics,rec.games.chess.misc,alt.chess,soc.culture.usa
external usenet poster
 
First recorded activity by ChessBanter: Nov 2009
Posts: 360
Default Copyright Law and the Kinsey Report on the Human Female



The book I reprinted was the 1953 original book published by W. B.
Saunders. This book does not contain any copyright notice of a
copyright claim by the University of Indiana. At that time, copyright
registration and copyright notice were required.


Sam unless things have changed all thesis and dissertation reports ARE
Copyright works with the university usually being the assigned
copyright holder. I should know as I published enough these things. In
thesis and dissertation reports there is usually a page that reads:


STATEMENT BY THE AUTHOR

"This dissertation has been submitted in partial fulfillment of the
requirements for an advanced degree at the University of ___________
and is deposited in the University Library to be made available to
borrowers under rules of the Library.:"

"BRIEF QUOTATIONS from this dissertation are allowable WITHOUT SPECIAL
PERMISSION PROVIDED THAT ACKNOWLEDGEMENT OF SOURCE IS MADE. Requests
for permission for EXTENDED QUOTATION from or REPRODUCTION OF THIS
MANUSCRIPT IN WHOLE OR IN PART MAY BE GRANTED BY THE COPYRIGHT
HOLDER"

Usually the copyright is usually assigned to the University to protect
a persons copyright.

Authors of professional publications usually assign the Journal in
which those publications are found as the Copyright holder.

Likewise for Technical Reports. The University for which the Technical
Report was produced is the Copyright holder.

I think you are wrong: Depending on if the author published the work
first for Indiana University or by S.B. Saunders, one or both might be
copyright holders, depending on who the author appointed to be their
copyright holder. If it was written as a dissertation, thesis, or
technical report the IU *is* the copy right holder. In most such cases
the student or professor has signed something that appoints the
University to act as their copyright holder.

While you might be technically right in your claims, this is just one
more example of how low you go. Once again you have lifted a copy-
written work not your own, and published it as though you were the
owner of the work. Were you to touch one of my works I'd sue you into
the ground.

By the way... that 28 years.... Walt Disney is quite dead, yet Mickey
Mouse... Mickey Mouse is copyright protected. I defy you to use Mickey
Mouse and not get sued.
  #5   Report Post  
Old May 1st 10, 08:48 PM posted to misc.legal,rec.games.chess.politics,rec.games.chess.misc,alt.chess,soc.culture.usa
external usenet poster
 
First recorded activity by ChessBanter: Nov 2009
Posts: 360
Default Copyright Law and the Kinsey Report on the Human Female

On May 1, 5:15*am, samsloan wrote:
On Fri, Apr 30, 2010 at 5:28 PM, Klein, Michael A
wrote:

Mr. Sloan: * You are sadly mistaken as to who can claim copyright. *You are
confusing authorship and copyright ownership. *One can be a holder of
copyright and not be the author. *One can be an author and not be the holder
of copyright. *The penalties for copyright violation are extremely severe.


Sorry, Mr. Klein but it is rather you who are mistaken about copyright
law.

The book I reprinted was the 1953 original book published by W. B.
Saunders. This book does not contain any copyright notice of a
copyright claim by the University of Indiana. At that time, copyright
registration and copyright notice were required.


By the way if this book was published by W.B. Saunders you can bet
that they hold the copyright on it!!! I have a number of W.B. Saunders
books in my professional collection, and there is most definitely a
copyright page!! I have a book on my lap right now stating that it
was first published in 1908 all the way through to 1979. Just because
the author is dead does not mean he/she did not assign their
copyright to someone else. If you were smart -- which you are not it
seems -- you would have checked with W.B. Saunders to see if they
still hold the copyright on that book.

If W.B. Saunders holds the copyright, they could possibly sue you into
the ground. If you are smart I damn sure hope you included the
publication history of the book and who published it. If you did not
include the publication history W.B. Saunders could come after you if
they want. I also hope you did not put your name on it as you are NOT
the author.


  #6   Report Post  
Old May 1st 10, 09:04 PM posted to misc.legal,rec.games.chess.politics,rec.games.chess.misc,alt.chess,soc.culture.usa
external usenet poster
 
First recorded activity by ChessBanter: Nov 2009
Posts: 360
Default Copyright Law and the Kinsey Report on the Human Female

On May 1, 5:15*am, samsloan wrote:
On Fri, Apr 30, 2010 at 5:28 PM, Klein, Michael A
wrote:

Mr. Sloan: * You are sadly mistaken as to who can claim copyright. *You are
confusing authorship and copyright ownership. *One can be a holder of
copyright and not be the author. *One can be an author and not be the holder
of copyright. *The penalties for copyright violation are extremely severe.


Sorry, Mr. Klein but it is rather you who are mistaken about copyright
law.

The book I reprinted was the 1953 original book published by W. B.
Saunders. This book does not contain any copyright notice of a
copyright claim by the University of Indiana. At that time, copyright
registration and copyright notice were required.


Sam, I just found some information:

# Kinsey, Alfred C. et al. (1948/1998). Sexual Behavior in the Human
Male. Philadelphia: W.B. Saunders; Bloomington, IN: Indiana U. Press.
Currently out of print.
# Kinsey, Alfred C. et al. (1953/1998). Sexual Behavior in the Human
Female. Philadelphia: W.B. Saunders; Bloomington, IN: Indiana U.
Press. [Please note that Female volume is a source of many comparisons
of findings between male and female behavior.]

Both volumes on the male and female are STILL UNDER COPYRIGHT
PROTECTION!!! By republishing the work without either the permission
of W.B. Saunders or Indiana University YOU ARE IN VIOLATION OF THE
LAW!!!
  #7   Report Post  
Old May 2nd 10, 12:57 AM posted to misc.legal,rec.games.chess.politics,rec.games.chess.misc,alt.chess,soc.culture.usa
external usenet poster
 
First recorded activity by ChessBanter: May 2006
Posts: 14,870
Default Copyright Law and the Kinsey Report on the Human Female

On May 1, 4:04*pm, Bobcat wrote:
On May 1, 5:15*am, samsloan wrote:



On Fri, Apr 30, 2010 at 5:28 PM, Klein, Michael A
wrote:


Mr. Sloan: * You are sadly mistaken as to who can claim copyright. *You are
confusing authorship and copyright ownership. *One can be a holder of
copyright and not be the author. *One can be an author and not be the holder
of copyright. *The penalties for copyright violation are extremely severe.


Sorry, Mr. Klein but it is rather you who are mistaken about copyright
law.


The book I reprinted was the 1953 original book published by W. B.
Saunders. This book does not contain any copyright notice of a
copyright claim by the University of Indiana. At that time, copyright
registration and copyright notice were required.


Sam, I just found some information:

# Kinsey, Alfred C. et al. (1948/1998). Sexual Behavior in the Human
Male. Philadelphia: W.B. Saunders; Bloomington, IN: Indiana U. Press.
Currently out of print.
# Kinsey, Alfred C. et al. (1953/1998). Sexual Behavior in the Human
Female. Philadelphia: W.B. Saunders; Bloomington, IN: Indiana U.
Press. [Please note that Female volume is a source of many comparisons
of findings between male and female behavior.]

Both volumes on the male and female are STILL UNDER COPYRIGHT
PROTECTION!!! By republishing the work without either the permission
of W.B. Saunders or Indiana University YOU ARE IN VIOLATION OF THE
LAW!!!


Thank you for the publicity you have just given to my reprints of
these famous books.

Sam Sloan
  #8   Report Post  
Old May 2nd 10, 01:22 AM posted to misc.legal,rec.games.chess.politics,rec.games.chess.misc,alt.chess,soc.culture.usa
external usenet poster
 
First recorded activity by ChessBanter: Jun 2009
Posts: 3,256
Default Copyright Law and the Kinsey Report on the Human Female

On May 1, 7:57*pm, samsloan wrote:
On May 1, 4:04*pm, Bobcat wrote:





On May 1, 5:15*am, samsloan wrote:


On Fri, Apr 30, 2010 at 5:28 PM, Klein, Michael A
wrote:


Mr. Sloan: * You are sadly mistaken as to who can claim copyright.. *You are
confusing authorship and copyright ownership. *One can be a holder of
copyright and not be the author. *One can be an author and not be the holder
of copyright. *The penalties for copyright violation are extremely severe.


Sorry, Mr. Klein but it is rather you who are mistaken about copyright
law.


The book I reprinted was the 1953 original book published by W. B.
Saunders. This book does not contain any copyright notice of a
copyright claim by the University of Indiana. At that time, copyright
registration and copyright notice were required.


Sam, I just found some information:


# Kinsey, Alfred C. et al. (1948/1998). Sexual Behavior in the Human
Male. Philadelphia: W.B. Saunders; Bloomington, IN: Indiana U. Press.
Currently out of print.
# Kinsey, Alfred C. et al. (1953/1998). Sexual Behavior in the Human
Female. Philadelphia: W.B. Saunders; Bloomington, IN: Indiana U.
Press. [Please note that Female volume is a source of many comparisons
of findings between male and female behavior.]


Both volumes on the male and female are STILL UNDER COPYRIGHT
PROTECTION!!! By republishing the work without either the permission
of W.B. Saunders or Indiana University YOU ARE IN VIOLATION OF THE
LAW!!!


Thank you for the publicity you have just given to my reprints of
these famous books.


Sam does not care much about lawsuits, since he lives in perpetual
poverty and therefore has little or nothing to lose. Even if a
plaintiff in a suit were to be awarded Sam's entire worldly wealth, it
probably would not pay his lawyer's fees for a week. Maybe not even a
day. So Sam carries on in relative immunity.
  #9   Report Post  
Old May 2nd 10, 04:04 AM posted to misc.legal,rec.games.chess.politics,rec.games.chess.misc,alt.chess,soc.culture.usa
external usenet poster
 
First recorded activity by ChessBanter: Mar 2007
Posts: 57
Default Copyright Law and the Kinsey Report on the Human Female

At one time, not so long ago, samsloan wrote:

On May 1, 4:04*pm, Bobcat wrote:
On May 1, 5:15*am, samsloan wrote:



On Fri, Apr 30, 2010 at 5:28 PM, Klein, Michael A
wrote:


Mr. Sloan: * You are sadly mistaken as to who can claim copyright. *You are
confusing authorship and copyright ownership. *One can be a holder of
copyright and not be the author. *One can be an author and not be the holder
of copyright. *The penalties for copyright violation are extremely severe.


Sorry, Mr. Klein but it is rather you who are mistaken about copyright
law.


The book I reprinted was the 1953 original book published by W. B.
Saunders. This book does not contain any copyright notice of a
copyright claim by the University of Indiana. At that time, copyright
registration and copyright notice were required.


Sam, I just found some information:

# Kinsey, Alfred C. et al. (1948/1998). Sexual Behavior in the Human
Male. Philadelphia: W.B. Saunders; Bloomington, IN: Indiana U. Press.
Currently out of print.
# Kinsey, Alfred C. et al. (1953/1998). Sexual Behavior in the Human
Female. Philadelphia: W.B. Saunders; Bloomington, IN: Indiana U.
Press. [Please note that Female volume is a source of many comparisons
of findings between male and female behavior.]

Both volumes on the male and female are STILL UNDER COPYRIGHT
PROTECTION!!! By republishing the work without either the permission
of W.B. Saunders or Indiana University YOU ARE IN VIOLATION OF THE
LAW!!!


Thank you for the publicity you have just given to my reprints of
these famous books.

Sam Sloan


It is said that the only bad publicity is no publicity.

--
Sanza speme vivemo in disio.
  #10   Report Post  
Old May 2nd 10, 04:33 AM posted to rec.games.chess.politics,rec.games.chess.misc,alt.chess
external usenet poster
 
First recorded activity by ChessBanter: Oct 2007
Posts: 3,073
Default Copyright Law and the Kinsey Report on the Human Female

On May 1, 8:22*pm, Taylor Kingston
wrote:

Thank you for the publicity you have just given to my reprints of
these famous books.


* Sam does not care much about lawsuits, since he lives in perpetual
poverty and therefore has little or nothing to lose. Even if a
plaintiff in a suit were to be awarded Sam's entire worldly wealth, it
probably would not pay his lawyer's fees for a week. Maybe not even a
day. So Sam carries on in relative immunity.-


He should. He might be put out of business for running a crimal
enterprise. The IRS will be brought in and he'll be liened, shutdown,
and have his social security dunned. They shut down his websites a
couple of years back. This will be easier.
Reply
Thread Tools
Display Modes

Posting Rules

Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT +1. The time now is 08:03 AM.

Powered by vBulletin® Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
Copyright ©2004-2019 ChessBanter.
The comments are property of their posters.
 

About Us

"It's about Chess"

 

Copyright © 2017