Who Owns the Words?

I realize that a thread similar to this one was debated on this list a
month or so ago; but the problem has special urgency for me right now, and
so I've made the posited situation much more specific. I'd be much obliged
if anyone would post or email me their feelings, or references to legal
precedents, on this issue. 
   Many thanks.

   A dilemma: if you are writing a paper, and you want to quote someone's
posted (say, to cypherpunks) remarks, what are the obligations?
   1) None: by posting, people make their words public domain.
   2) No legal obligations, but it would be polite to ask permission.
   3) Whatever is posted is de facto copyright, and the person whose
words you took could sue you for breach of copyright.

   Now let's shift to a MOO or IRC:
   You keep a log of a conversation.  Would the same rules/customs apply
if you wanted to include that log in a paper? 
   Does it matter if the conversation was held in a private room or in a
public place on the MOO?
   Does it matter whether the paper is written to fulfill a class
assignment or is intended for publication in a for-profit magazine?

Arthur writes:

>    A dilemma: if you are writing a paper, and you want to quote someone's
> posted (say, to cypherpunks) remarks, what are the obligations?
>    1) None: by posting, people make their words public domain.
>    2) No legal obligations, but it would be polite to ask permission.
>    3) Whatever is posted is de facto copyright, and the person whose
> words you took could sue you for breach of copyright.

(3) is closest to the truth. You can still quote someone within Fair Use
guidelines, however.

>    Now let's shift to a MOO or IRC:
>    You keep a log of a conversation.  Would the same rules/customs apply
> if you wanted to include that log in a paper? 

Yes. 

>    Does it matter if the conversation was held in a private room or in a
> public place on the MOO?

No.

>    Does it matter whether the paper is written to fulfill a class
> assignment or is intended for publication in a for-profit magazine?

Yes. The former poses no copyright problems.


--Mike

>>    Does it matter whether the paper is written to fulfill a class
>> assignment or is intended for publication in a for-profit magazine?

>Yes. The former poses no copyright problems.

And this brings up fair use, which seems to be mostly absent from
Mike's answers.

Mike, is not a short quotation considered fair use, in whatever
medium, lacking any specific prohibition against it?

Eric

Eric writes:

> Mike, is not a short quotation considered fair use, in whatever
> medium, lacking any specific prohibition against it?

Well, in music it's problematic. In film and TV even more so.
But it seems to be okay in text, in general.


--Mike