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Webb Postal Starionery Catalogue Enx85

 
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Posted 05/14/2021   10:21 am  Show Profile Bookmark this topic Add pwscg to your friends list Get a Link to this Message
Does anyone have the catalogue?

I am interested in details regarding ENX85, the non-denominated private order envelope bearing the same design as the 1990 Flag Over Prairies Quick Stick stamp Scott 1192.

Thanks!
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Posted 05/14/2021   10:46 am  Show Profile Bookmark this reply Add jarnick to your friends list  Get a Link to this Reply

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Posted 05/14/2021   11:13 am  Show Profile Bookmark this reply Add sak to your friends list  Get a Link to this Reply
I think this violates the copyright...
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Posted 05/14/2021   1:43 pm  Show Profile Check 51studebaker's eBay Listings Bookmark this reply Add 51studebaker to your friends list  Get a Link to this Reply
In my non-lawyer opinion it is not a copyright violation.

My understanding is that part of a copyright 'fair use' exclusion is 'amount or substantiality". In other words, the smaller amount of content that is used in relation to the whole work the more it falls under fair use exception. This allows, for example, a reviewer to post a page to show as an example of the catalog layout without violating the copyright.

If my lay person opinion is incorrect, someone please post references or if one of our lawyers disagrees please let me know.
Don
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Posted 05/14/2021   2:38 pm  Show Profile Bookmark this reply Add wert to your friends list  Get a Link to this Reply

Quote:
This allows, for example, a reviewer to post a page to show as an example of the catalog layout without violating the copyright.


I believe Don is correct..You can use portions of their book {or other books} as long as it in not done for monetary gain.

Just my opinion also.
Robert
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Posted 05/14/2021   2:51 pm  Show Profile Check 51studebaker's eBay Listings Bookmark this reply Add 51studebaker to your friends list  Get a Link to this Reply
I have previously mulled over the possible impact(s) of this kind of fair use exception.

What happens if over a period of time many different online websites all published small acceptable portions of a given copyrighted catalog or book. Given enough time and search capabilities, it is possible that nearly the entire copyrighted work could be pieced together by industrious users. As long as each of the websites fell under fair use (and if there was no collusion), it seems to me that the copyright owner would not have a legal standing. ???
Don
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Posted 05/14/2021   4:44 pm  Show Profile Bookmark this reply Add pwscg to your friends list  Get a Link to this Reply
Thank you, Jarnick

I have discovered, from a posting on eBay that the company requesting the envelope was the Automotive Opinion Forum.

https://www.ebay.ca/itm/313148771161

Does anyone have any additional information to share about these envelopes?

Peter
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Posted 05/15/2021   11:50 am  Show Profile Bookmark this reply Add sak to your friends list  Get a Link to this Reply
The indicia comes from the "Quick Stick" "Flag Over..." definitive of 1990.

There are two major envelope varieties: [from Webb's]
ENX85: automotive opinion forum - left bar tag - #10 window
ENX86-1 - 11: 3 companies (aof / Reader's Digest & Columbia House) - various precancelc & sizes

There are two major post card varieties:
KPX1: no precancel & bar tag
KPX2 - 4: various precancels & sizes

Webb's Copyright Notice allows for the use of their numbering system to identify items, but not for any part to be photocopied and published. Between friends, maybe, but not in a public forum - my opinion.

PS. I own some of these varieties and have described what I see.
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Edited by sak - 05/15/2021 11:51 am
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Posted 05/15/2021   12:10 pm  Show Profile Check 51studebaker's eBay Listings Bookmark this reply Add 51studebaker to your friends list  Get a Link to this Reply
Hi Sak,
Understood, Webb can declare anything they want but note that their claim regarding the numbering system is also questionable. There is legal precedence that has been set that says numbering systems is NOT copyrightable, there is not enough 'creativity' in a compilation of numbers. Think about it, if folks can copyright a numbering system than virtually every numbering system that could be created would already fall under someone's copyright claim. "My copyright covers the numbering system that assigns #1 to the first and and increments by one after that" Obviously not.

Before 1991, copyrights protections were granted based upon an author's work effort/diligence invested during the creation of the content including things like databases, directory, or catalogs; significant creativity or originality was not required. But the Supreme Court decision in Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 (1991) https://en.wikipedia.org/wiki/Feist..._Service_Co. changed this in the ruling written by Justice Sandra Day O'Connor.

But regardless, the copyright laws contain 'fair use' exceptions; that is a fact. The only question is if this falls under 'fair use' or not; in my lay person opinion it does. If a lawyer has an opinion or if anyone can cite an actual legal reference I'll reconsider.
Don

Edit; In my opinion any author or publisher with vision beyond the end of their own nose ought to welcome mentions and snippets as a form of free advertising for their full work.
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Posted 05/15/2021   12:21 pm  Show Profile Bookmark this reply Add jarnick to your friends list  Get a Link to this Reply
I',m not a copyright/patent attorney, but have worked with copyrights in a previous life. There is no question in my mind that my reproduction of the Webb listing definitely falls within the "fair use" doctrine.
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Posted 05/15/2021   2:28 pm  Show Profile Bookmark this reply Add pwscg to your friends list  Get a Link to this Reply
sak, thank you very much for the info!

Peter
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