Will KOS call the dogs on me?

Just a figure of speech, but I got a curious email and I wondered what the scoop is on this? Is it true that bloggers can’t quote other bloggers?

Read on:

Dear Ilona,

Let me start by saying that I am truly flattered by your belief that my work is worthy of being posted on your blog. It’s not hard to say that I, personally, am pleased by your dissemination of my ideas.

However, I am writing to warn you that your post bearing my name does not constitute fair use of my work. Thus, it is a violation of U.S. copyright law. Allow me to explain.

Fair use states that a commercial use of another’s work without permission is strictly forbidden, unless mitigating factors tip the scales in the other direction. Your request for donations and the presence of ads indicate an interest in making your blog a revenue stream, and therefore constitutes a commercial use of my work.

In addition, your post has no original analysis, neither on the topic of my post (which you freely admit you know little about), nor on the topic you choose to excise out of my work (the Bible study). You simply quote my work as if it were in the public domain – which it is not.

If you intend to continue quoting the approximately one-third of my piece that you are currently quoting, without providing any significant original thoughts of your own, and without seeking my permission, I highly recommend that you retain an intellectual property attorney, as non-exclusive rights to publication of my material are held by Kos Media, LLC. You, on the other hand, have no rights to my work at all.

All of that said, an apology and a correction will go a long way toward solving our problem. And if you want to quote a significant portion of my work in the future, notice given will be sufficient – if I choose to deny permission, I will let you know.

Thank you in advance for your time and assistance in dealing with this matter.

I look forward to your prompt reply.

I remain,
Very truly yours,

MK

The offending post is this one, from which I will excise the quote from his work, but really , folks…. what is the true application of copyright here? Do we need permission from every blogger and journalist we quote from? Is there someone out there who knows authoritatively what is allowed in blogging? ‘Cause let’s face it, I am small potatoes in the blogosphere.

And donations aren’t commercial as far as I can tell… even if I actually got one, which I never have…. and although I have google ads and amazon, have not received even one check in the all the years I’ve been affiliated. Because I am just too small a personage in the blogosphere. So what are the definitions and the rights legally for bloggers? Taxwise, if you don’t make money at something for all the years you been at it, it is considered a hobby. At least I thought I read that…being a lowly homemaker I never had the necessity of talking to the taxman about it.

So what’s up with this?

more curiously…. I find this at the Kos site:

© Kos Media, LLC
Site content may be used for any purpose without
explicit permission unless otherwise specified.

…and I saw no other specifications on the Street Prophets site….

I am truly flummoxed on this one.

5 thoughts on “Will KOS call the dogs on me?”

  1. “…your post has no original analysis…

    …without providing any significant original thoughts of your own…”

    What does that have to do with anything?

  2. you know I’m just not sure…. the closer I looked at this the more it appeared to be an intimidation/flame tactic – especially once I caught sight of that permission at the end of the KOS page.

    Blogging lives and breathes sharing posts and comments- not much of which is usually deep analysis- especially when someone just says “hey I liked this thought”. But you know, I think that there is a whole sector of web users who have become highly territorial and misuse and misread the copyright laws.

    But it is just vague enough that I wasn’t sure what the parameters were. I did Krell the favor of deleting his content, though. If he wants people to read what he says I guess they have to click directly there … although if they come from here there is a bit of a spoiled taste to it.

  3. “…although if they come from here there is a bit of a spoiled taste to it.”

    Not unlike that of bile.

  4. lol!
    I just checked my email…. it appears this is all a “misunderstanding”, so that we shall not turn dyspeptic over it…. this time

    ::burp:: oh, excuse me!

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