(Archived) Clarification about uploading copyrighted information

[AndyW 0]

The organisation I work for is looking to use Evernote to help its research process. But some of my colleagues have concerns about what kinds of documents they can and cannot put into Evernote.

We use a lot of academic research articles in our work, all of which will have be legitimately paid for through a subscription or one-off access fee. But since these documents are copyrighted, would we permitted to add them to Evernote? Moreover, since almost every website on the net is copyrighted, are you even allowed to clip pages from the web as Evernote advertises?

Presumably there must be a difference between creating a public, shared notebook full of copyrighted content (not okay) and creating a private notebook full of copyrighted content that you have paid for (okay)? If not, then I don't know how Evernote is supposed to be useful for researchers, authors and journalists.

And if we have organisational subscriptions to these journals, can my colleagues add the downloaded articles to shared notebooks which only circulate within the organisation? (i.e. the equivalent of printing off a copy and letting your colleague read it?) Since Evernote is US-based, is there "fair use" law which applies?

Evernote's ToS is too opaque about this. I've searched long and hard for clarification and can't seem to find it anywhere.

Help gratefully received!

Andy

[Metrodon 2,184]

Does this thread help?

viewtopic.php?f=39&t=26692&p=112910&hilit=copyright#p112910

[AndyW 0]

Thanks Metrodon, I read that one already. It doesn't help though: the questioner just decides "better to be safe" and doesn't upload the files.

But lots of other people use Evernote for research and upload journal documents. I've seen tutorials about how to do this effectively. So who is right? Are these people allowed to do this under Evernote ToS or do they just do so under the radar, with the tacit acknowledgement by everyone involved (including Evernote) that its in some way okay and yet not okay, a bit like taping stuff of the TV?

Cheers

Andy

[Metrodon 2,184]

If you are talking about Shared Notebooks inside your organisation then I don't think it's any different to emailing the docs or storing them in a corporate wiki or intranet.

So if you are comfortable sharing these items in a more 'traditional' way then I don't think there is anything to stop you using Evernote. Obviously, you won't make the Notebooks public any more than you would send an email to everyone you know or open up your corporate wiki/intranet/doc manager.

[BurgersNFries 2,407]

Thanks Metrodon, I read that one already. It doesn't help though: the questioner just decides "better to be safe" and doesn't upload the files.

But lots of other people use Evernote for research and upload journal documents. I've seen tutorials about how to do this effectively. So who is right? Are these people allowed to do this under Evernote ToS or do they just do so under the radar, with the tacit acknowledgement by everyone involved (including Evernote) that its in some way okay and yet not okay, a bit like taping stuff of the TV?

If in doubt & you're concerned about potential liability issues, probably best to talk to a lawyer specializing in the field.

[AndyW 0]

Thanks BurgersNFries. I guess I'm just a little surprised that Evernote don't provide this kind of information up-front, considering that people writing books and research reports are part of their core market.

Andy

[BurgersNFries 2,407]

Thanks BurgersNFries. I guess I'm just a little surprised that Evernote don't provide this kind of information up-front, considering that people writing books and research reports are part of their core market.

Probably b/c each country/state/situation may (will?) differ. One blanket statement won't apply to every situation.

[shimra 14]

The organisation I work for is looking to use Evernote to help its research process. But some of my colleagues have concerns about what kinds of documents they can and cannot put into Evernote.

Andy

Andy, this question is silly for a couple of reasons.

1) Evernote staff members don't read the content of your notes, so I don't know why you are concerned about the TOS. Did you email Verizon to ask them if its ok to use the internet to connect with Evernote?

2_ You are asking basic legal questions related to copyright law. Even if Evernote or a forum member we said "Go ahead and do this" which I'm sure they won't, their permission is irrelevant if you are violating copyright. They don't have the ability to waive federal copyright law on your behalf.

3) You are asking for legal advice about copyright law, and of course Evernote staff members and forum members won't be giving you legal advice. That's what lawyers are for. You actually are pretty much required by law to have a law license (in america, at any rate) to give legal advice. "Stewey88 on the Evernote forum said it was ok" isn't going to be a compelling defense if you get sued.

[hostricity 12]

I deal with copyright issues everyday in my business - specifically, I own a web hosting company and have to handle complaints about my customwrs publishing copyrighted material on their sites, and when my customers' copyrighted material is published on unauthorized websites.

I am not an attorney. What follows is what I tell my customers when they ask, although, publishing copyrighted materials on a website falls under specific provisions of the DMCA.

If you understand the copyright and any special restrictions as they pertain to the original material, the same pertain to Ever Note private and shared folders, unless there are specific and more restrictive provisions for electionic storage and distribution.. Be sure that you know what they are.

If you subscribe to a printed magazine or an electionic one, you likely signed a contract to obtain use which detailed your right to copy the material or store it electronically.

Even, if the material came from a website with free access and not requiring registration, you still cannot wholesale copy the content and distribute it through a shared folder. (See "fair use" below.)

Abesnt specific restrictions imposed by the copyright holder, storing an item in a private folder is the same as making one photocopy or duplicating one CD. Storing an item in a shared folder is the same as making physical copies and distributing them to everyone who has access to the shared folder. Syncing across multiple devices normally constitutes one copy if you have exclusive access to all of the devices, again, unless specific provisons pertain.

The Fair Use doctrine also pertains. Here's a google link to information on fair use:

https://www.google.c...r+use+standards

"Fair use" does NOT apply to all copyrighted materials in all situations, nor is "fair use" a license to copy or distribute material indiscrimanately! Fair use has limitations - be sure you know what actually constitutes fair use and what doesn't. Be careful.

If you work for a company, consult their policy for use and distribution of copyrighted materials. If they don't have one, suggest that they formulate and publish a policy.

I would never save anything on a shared folder - especially in a business environment - without being sure that I was in compliance with the company's guidelines.

I would not make a copy in a private folder if I weren't sure there were no special stipulations on the copyright.

Ignorance of coyright provisions is not an excuse.

The bottom line is: Be sure you understand the specific provisions of the copyright. In the absense of specific provisions, follow the same guidelines you would follow for printed materials or CD copies.

If the above is as clear as mud, that's because copyright infringement is often cloudy, and comes down to what Supreme Court Justice Potter Stewart once said about pornograpy, "I know it when I see it."

[GrumpyMonkey 4,319]

let's say you download an article from jstor or projectmuse. your copy is governed by the terms of your agreement with them. evernote has nothing to do with it, and could not offer any advice. in the case of jstor, for example, it seems to me that shared folders within an academic setting would be permissable. that is just my reading, though.

in short, i'd check the tos for each provider and discuss it with your institution if in doubt. evernote can't help here, in my opinion.

[hostricity 12]

let's say you download an article from jstor or projectmuse. your copy is governed by the terms of your agreement with them. evernote has nothing to do with it, and could not offer any advice. in the case of jstor, for example, it seems to me that shared folders within an academic setting would be permissable. that is just my reading, though.

in short, i'd check the tos for each provider and discuss it with your institution if in doubt. evernote can't help here, in my opinion.

Yes, that's what I said, only you said it much more succinctly. Think of a private folder as one copy of the copyrighted material. Think of a shared folder as a number of copies equal to the number of users.