Re: [HCDX]: DXing & Copyright

["Elmer D. Escoto R." <eescoto@xxxxxxxxxxxxxxxxx>]

Hi there, Don.

I move you ignore this guy.
Tell him good-bye and good luck.
If he keeps bitching, tell him @%$^&#(@!^^%(.!!!!
This is a hobby, and it's supposed to be enjoyable.

Don Moore wrote:

> In a logging in a recent DX report one of the details I included was
> the station slogan which I heard. I have since been accused by another
> DX of violating his copyright as I did not credit him in my logging.
> He had heard and reported that slogan several days before my logging -
> and he always posts/publishes his loggings with a copyright notice
> attached. (For the record, yes I had read his logging. And, I heard
> the slogan clear enough on my own to understand it without outside
> help.)
>
> I would simply ignore this, however, it is not the first time I have
> been similarly accused by this person and I know of his making similar
> accusations against other DXers.
>
> I am curious to read what others have to say about this - especially
> anyone with real knowledge of the issue, such as any legal experts who
> may be on the list. (Obviously, there are differences between
> countries.)  My own limited background on copyright law comes from
> some training I had, as a university teacher, of copyright as it
> applies to academic research, and a discussion I had a few years ago
> about this same individual with a lawyer/DXer.
>
> For purpose of discussion, I have created the following two **FAKE**
> loggings (I certainly hope I don't see these reprinted elsewhere as
> real information!).
>
>    ECUADOR 5050 Radio Superior 0125-0230 pop music, ads, ID
> announcement "Desde Ambato, trasmite Radio Superior para    todo el
> Ecuador", and new slogan as "Su Emisora Amiga".    (Dillon Hollister,
> copyright, Jan 12)
>
>    ECUADOR 5050 Radio Superior 0030-0105 pasillos, time    check with
> ID, ad for "Banco del Occidente" and "Su    Emisora Amiga" slogan.
> (Don Moore, Jan 22)
>
> To my understanding, in the above example Dillon Hollister (a fake
> name) can obviously copyright the text of his logging - it is a piece
> of original writing that he has created. If anyone reprinted that
> logging without his permission and credit they would be violating his
> copyright, which he has clearly claimed.
>
> However, my reporting the same slogan which Dillon Hollister
> originally reported in no way violates his copyright. It was not
> created by him. If anyone has copyright on the slogan, it would be the
> member of the station staff that created it. Likewise for the actual
> station name (Radio Superior) if this were also a new station.
>
> As I understand copyright, individual things which have not been
> created by the DXer - station names, program names, city of location,
> address, frequency, etc are general facts and can not be copyrighted
> by the DXer making the report. On the other hand, collections of such
> information can be copyrighted because they represent creative effort
> in bringing together and organizing the information. For example, if
> you typed up the Peru section of the WRTH and put it on your website,
> you would be violating their copyright. But, if you post a logging of
> Radio Satelite in Santa Cruz on 6725v, you haven't violated their
> copyright just because that happens to be one of the stations on their
> list. Likewise, if you post a list of Peruvian stations you have
> logged or that were reported to a particular DX bulletin last year,
> that also would not violate their copyright since this represents a
> different creative effort in organizing the factual information.
>
> My question here is only about copyright issues. As a matter of
> courtesy, DXers should (and many do) thank others who have provided
> significant helpful information which the DXer *has not been able to
> get on his own*, e.g. "Thanks to Bill Kyle for providing the location
> of this station". (Of course, even then there is a limit. One might
> thank Bill for discovering the location of this station for a week or
> two after he did it. But we wouldn't all still be doing it six months
> or a year later --- although, I do remember a now-deceased DXer from
> the 1980s who expected just that.)
>
> Further comments and helpful information appreciated...
>
> Don Moore   mooredxer@xxxxxxxxx
>
> ==
> Don Moore     mooredxer@xxxxxxxxx
>    or<patepluma@xxxxxxxxxxxx>
> http://members.xoom.com/patepluma
>
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--
==============================================
Elmer David Escoto Romero
P.O. Box 2001
San Pedro Sula, HONDURAS
Tel. (504) 554-1144, 554-1171, 554-1173
FAX: (504) 554-1154
mailto:eescoto@xxxxxxxxxxxxxxxxx
==============================================
AER-V: HR-5029V
DSWCI-3553
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