Copyright and Usenet posts, part 2

On Mar 4, 7:17 am, Jonathan Sachs <xxxx...@sbcglobal.not> wrote:
> On Sat, 03 Mar 2007 07:34:13 -0500, "b.good" <benzos_g...@hotmail.com>
> wrote:
>
> >Are usenes posts considered public domain?
>
> In theory, no.  In practice, once you publish something on USENET
> there is no effective way to prevent others from doing what they want
> with it.

I would agree that there is no practical way to prevent others from copying and republishing my Usenet posts in a "below-the-radar" fashion, to borrow your apt metaphor; but there certainly is, if the infringer makes a big Tsimmis out of it and atracts the attention of those whose toes he is stepping on in doing so.   If OP decided to publish a bestselling book called "The legal wit and wisdom of Mike Jacobs" (not that he would, but frex) which collected all my Usenet posts on legal subjects since 1995, and maybe my Fidonet or dialup BBS posts before that, I would definitely have my lawyer knocking on his door to collect royalties and/or to file a cease-and-desist order.

Obviously, Jonathan, your statement quoted above is broader than what you really meant, as you go on to say in response to OP's further query:

> >Really what I am asking is what would be involved in publishing a book
> >of usenet posts, from a legal standpoint?
>
> If you're thinking about publishing a book, you should see an
> intellectual property attorney about getting permissions.  You're
> flying above the radar, and an author who wants to go after you for
> using his material without permission probably can do so, even though
> there is no practical way for him to prevent other users from
> reproducing his material on USENET and in similar forums.

Agreed, but I would go on to add that the limited reproduction of Usenet posts in similar forums or quoted in other Usenet posts (as I am doing here with _your_ original work of creative authorship) is non-infringing because it is an expected fair use of your copyrighted material.

--
This posting is for discussion purposes, not professional advice.
Anything you post on this Newsgroup is public information.
I am not your lawyer, and you are not my client in any specific legal
matter.
For confidential professional advice, consult your own lawyer in a
private communication.
Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia, MD 21044
(tel) 410-740-5685      (fax) 410-740-4300