"A fool will learn nothing from a wise man,
but a wise man will learn much from a fool."
...Confucius

The OnLine Exchange E-Zine
...A Realm of Information for the Avid Internet Marketer
ISSN: 1528-3992 -- Circulation: 34,000+
© Online Exchange...November 01, 2002

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The OnLine Exchange is an Award Winning, Top Rated Business Publication.
-Our Focus: To bring you cost effective marketing strategies and implementation.
-Our Goal: To provide you measurable results in business media and marketing operations.
Please forward this ezine to all your friends and co-workers who might be interested!

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This EDITION of THE ONLINE EXCHANGE E-Zine is SPONSORED BY Our TopStar. Please take a moment of your time to see what they have to offer:


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IN THIS ISSUE:


1.  Biz Thought - 10 Things that Matter

2.  Editorial-by Debbie Solomon

3.  Parents Time-Out - Pumpkin Cookies

4.  HeadLine Article:  Some examples of Copyright and How it Works

5.  Interactive Classifieds

6.  Biz*Tech Savvy Solutions

7.  Ezine Advertising Details

8.  MarketingTrendz Directory



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1.) BIZ THOUGHT
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What criteria do people use to judge other people? Here's an interesting list 
from the book "Get What You Deserve" by Jay Levinson and Seth Godin 
(Avon Books) . . . 

TEN THINGS THAT MATTER TO PEOPLE WHO KNOW YOU 

1. KEEPING PROMISES 
2. PUNCTUALITY
3. ETHICS AND HONESTY 
4. DEMEANOR 
5. RESPECT
6. GRATITUDE 
7. SINCERITY 
8. FEEDBACK
9. ENTHUSIASM 
10. INITIATIVE

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2.)
EDITORIAL
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A "Warm" Welcome to Our New Subscribers!

HERE IT IS!  The "New" Look for the OnLine Exchange Ezine.  After 4 1/2 years of publication, we have decided to go HTML.  Though, through polls of our subscribers, which consensus showed about half prefer HTML and half prefer plain text, we decided to go with the HTML.  For those of you who were weary of our switch, we do hope you enjoy our new look and format.  It is made simple, fast loading, with minimal hard disk space taken.  Normally our HTML ezine will run 35 to 40kb.  Gosh, many ezines exceed  that with just plain text.   This is just 10 -15kb more than our plain text edition.  PLUS, we have added a special feature for you...Our Table of Contents is BOOKMARKED.  Which means, if you go back to the table of contents, and click on the number it will go directly to that section of the ezine so you do not have to scroll up and down through out the ezine.  Plus, after each section is a bookmark to go back to the table of contents. 

We are always interested in hearing your thoughts and suggestions, so please do not hesitate to email us at:

sales@marketingtrendz.com

You will find today's headline article very interesting.  There are many contradictive views when it comes to copyright laws of the internet.  I know the information you will find in this article is very helpful and a real eye opener. It is a little on the long side, but you will see why.

Just a short biz note for you...
As of today, prices have gone up for Ezine Advertising.  However, we have many more subscribers than we did a few months ago, plus the HTML format will provide a higher rate of response.  You will see that our prices remain very competitive.  If you are looking for a discounted rate for advertising with us, you will see our holiday ad packages will save you BUNDLES in the long run.

http://www.online-exchange.com/holidayads.htm

Have a GREAT WEEKEND!

Until Next time,
Debbie Solomon (editor of The OnLine Exchange Ezine)

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3.) PARENTS TIME-OUT
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Time Out for Parents

Welcome Parents. It is time for a little Time-Out. Running an online business or working outside of the home takes much time and effort away from your family.
This weekly feature is committed to helping parents take back that quality time and devote it more fully to spending it with their children.

Check out this week's features:

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Time Out for the Week - Pumpkin Cookies
What's for Dinner? - Pasta with Sausage & Cream Sauce
Just for You - The First Parent
Site of the Week - Slylockfox.com

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Follow the link below to see what it is all about!  You owe it to yourself and your children!

http://www.parentstime-out.com

This page is designed to be simple and easy to follow.  Our goal is to keep it short and simple each week, allowing you to maximize your family time.

You can find all of our Time Out editions archived at http://www.parentstime-out.com/archives.htm


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4.)  HEADLINE ARTICLE 
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Some Examples of Copyright and How it Works
Author: Richard Lowe, Jr.

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Important: This article contains opinions and information about copyright law. Keep in mind that I am not a lawyer and have not been a lawyer in any past life that I am aware of. If you have specific questions about copyright law you should contact the appropriate legal resources.


Everything original that you write (or draw or paint or whatever), regardless of whether it is an email, a painting, an image, a thesis, a web page, a paragraph on a forum, or 
anything else is automatically copyright protected by you. It does, of course, have to be recognizable as an original work. Thus, the word "the" in a forum would hardly qualify. The exceptions generally must be spelled out in a contract that is agreed upon. For example, Webmasterworld's Terms Of Service (TOS) modifies the copyright to both webmasterworld and the original author. 

One area that is a minefield of possible litigation is when you produce something for someone else. If you are a direct employee, the law is pretty clear: the company you work for owns the copyright. If you are a contractor or have been hired to write something, be sure the contract explicitly states who owns the copyright.

Note that a copyright notice is not required on any work. All works are copyrighted from the moment they are created. In other words, you don't "copyright" something - copyright is something granted by the law.

You can use small excepts or pieces from copyrighted works as you desire. This is called fair use, and it is a critical part of the copyright laws. How else could a movie reviewer quote lines from a movie or a student use materials from other research papers? Fair use is intentionally vague. The key term is "fair"; in other words, in the context of your document are the excepts valid, do they make sense and were they of limited scope? Or was it just blatant copying? You should never hesitate for a single nano-second to use small excerpts from other documents under fair use. This is very important - you have that right and rights must be exercised or they cease to exist.

Here are some examples:

Public Domain

Copyright is intended to give incentive for people to create original works. Thus, a person could create a sculpture or write a novel and expect to be able control that work for a certain amount of time. The creator can publish the work, copy it, authorize copies and so on at his or her discretion. Alternately, they can deny permission to make copies for any reason. After a certain amount of time, the copyright expires 
(although Congress keep changing this to absurd lengths of time) and the work becomes available to the general public. In addition, the copyright owner can sell or give the right to copy to anyone, and they can even state "this work is now in the public domain".

If you photograph a painting by Monet and post it on your web site, you are not violating copyright. The image of the painting is in public domain. The painting itself is owned by someone, but the image may be copied since the copyright expired long ago.

If you get a copy of the Iliad (a poem written several thousand years ago) and post it on your site, you may or may not be violating copyright. The Iliad is certainly public 
domain, but the specific translation (as well as footnotes) may be copyrighted.

If you get an old Sears catalog from a century ago and scan the pictures, then post these on your web site, you are not violating copyright, as the catalog moved into the public domain some years ago.

Government Works

In the United States, any original works produced by the government (at any level) is by definition in the public domain. Your taxes went towards creating those works and you can copy them all you want - and you don't have to ask, cite references, include a link to the original or anything like that at all.

If you wanted to post a copy of the DCMA on your web site, go ahead. You are not violating any copyright.

Do you want to include the press releases from the Whitehouse web site on your own web site? Feel free - they are in the public domain.

Like the pictures on the U.S. Army web site? Be careful here, as the photos may be owned by individuals. You will be safe if it was taken by, say, a U.S. army staff photographer and the photo belongs to the U.S. Army. However, if a staff photographer took the picture with his own camera on his own time, then he may own the copyright.

I love the photos on the NASA web site. Guess what - these are all public domain. NASA is funded by your taxes. Enjoy.

Web Sites

When you create a web site and make it available on the internet, you are implicitly and automatically granting anyone and everyone a right to view your work. Thus, people have a right to make a temporary copy in their browser in order to view your site (this was clarified by the Digital Millennium Copyright Act, also known as DMCA).

If you find a great picture of an automobile on the internet, grab it and place it on your own web site you are possibly violating copyright. It depends on whether or not the image is in public domain.

If you send an email to the website owner asking permission to grab the image and he is NOT the copyright owner, then when you grab and post the image you are violating copyright.

If you IFRAME or FRAME a page within a site, you are probably violating copyright. This appears to be still up-in-the-air in the courts. it is considered very rude by most ethical webmasters.

If you use one of those off-line browsers to snap a copy of a web page or even a whole site, you are not violating copyright, unless you package up that copy and attempt to redistribute it or sell it. You cannot make this offline copy available to the web: that would violate copyright.

Email

The person who creates an email message owns the copyright on that email message. Note that copyright does not imply privacy - once your email has been sent, you should consider it viewable by anyone. Email is NOT private.

If you receive an email from someone, the person who wrote the email owns the copyright. It does not transfer to you just because you are the recipient.

Creating a website for someone else


It's usually wise to draw up a contract in these cases which states exactly who owns the copyright. The general rule is: if you are a direct employee, your employer owns the copyright. Otherwise, you (the creator) owns the copyright.

If you create a website (not for hire), you own the copyright.

If you create something for someone else, or if you hire someone to create something for you, be sure you have a contract which explicitly states who owns the copyright 
(generally, the company or person who does the hiring or contracting is granted a license to use or copy the work for the purpose for which it is intended; however, a contract should explicitly state the license terms). This is the safest, most direct method of settling the issue. One thing that I've done a few times is lowered my rate if I keep the copyright. Thus if they need the copyright they can pay more for it. 

Here's an interesting one. If you create a document on your computer at work, your company owns the work and the copyright. That is, unless you have a contract which says otherwise. This is why it is not wise to use company resources for personal 
projects - you could wind up creating a lot of money for your company without any compensation at all.

Open Forums

You do not give up a copyright just because you post something to a newsgroup, message board, chat room or other forum. You still own the copyright, but it may be impossible to enforce this right.

If you post an original work to a newsgroup, forum, chat room, etc, you still own the copyright. However, it may be a moot point since it is virtually impossible to enforce.

The exception is if the terms and conditions of the message board or chatroom state otherwise. In this case, the message board owner might be granted the copyright, or the words may be released into the public domain. It is always wise to read and understand the terms and conditions of a public board before posting.

Scanned images

Images are one of the most abused things on the internet. It's common and actually widely accepted for people to scan in an image, then put them on their web site, send them in emails and post them to newsgroups at will. Common and accepted does not 
translate to legal. However, it may not be easy to enforce copyrights that have been violated in this way.

If you take a photo of Heather Locklear from a magazine and scan it, then add it onto your web site, you are violating copyright.

If you take that same picture and run it through a filter and then post it on your web site, you are still violating copyright.

If you take that same picture and modify it heavily, say photo-manipulate Heather into superwoman, you are still violating copyright.

If you take that original scanned image then use your graphics program to heavily modify it into something else, say a fractal image, you are still violating copyright, at least technically, although it would be difficult to enforce.

If you make a thumbnail of the Heather picture and put that on your website with a reference to the original, then you may be allowed to do so under fair use. A citation to the original work (a link or just a note) is optional but highly recommended.

If you link to a legal copy of Heather's picture on the internet using "A HREF", you are not violating copyright. If you link to a legal copy of Heather's picture on the internet 
using "IMG SRC" you are violating copyright. Recent court cases (see "NetCopyRightLaw - Kelly v Arriba Soft" for an example) indicate that this type of linking is a copyright violation. You are also being extremely rude - this is called bandwidth theft.

If you take a picture of Heather yourself (as long as she's in a public place), scan it and post it on your web site, you own the copyright and can do with it as you will. Heather has nothing to say about it. Nor does anyone in the background, nor does her 
agent, modeling firm, shampoo company or anyone else for that matter. It also does not matter if the photo resembles another picture, as long as you took the picture yourself. It does not matter if the photo is unflattering or flattering, or if Heather 
wants it to be published - she was in public when the picture was taken, so it legally can be published and she has nothing to say about it. On the other hand, if you sneak into her house and take a picture of her in the shower, don't be surprised if you 
find yourself in jail for trespassing and numerous other charges.

Note, however, that if you use the picture in such as way as to indicate she endorses a product, then you may find yourself the lucky recipient of a lawsuit. If you are doing anything significant with the photo, it is generally wise to get a model release signed by the subject (or subjects) in the photo.

Fan Sites

Fan sites seem to crop up all over the internet by the thousands whenever a show or movie gets popular, and for every famous person that even existed. Is this legal? Well, yes, as long as you don't violate copyright and trademark laws.

If you create a star trek web site which contains only original fan art and stories, then you probably are not violating copyright. However, if these include anything from 
the series, such as costumes, emblems, weapons, props and so on, then you might get nailed for trademark violation (and possible copyright violation). This is a very gray area but it is very seldom enforced for fan sites. Now, if you go off and start making a large amount of money from that original art or fiction, then you would almost certainly attract the unwelcome attention of the civil courts.

If you post scanned images that you got off alt.binary.startrek onto your website, then you are violating copyright, unless you have permission from the copyright owner. It may be very difficult to determine who the original owner is though.

If you scan an image of 7 of 9 from a star trek fanzine onto your computer and scan an image from Playboy magazine of Miss April, then use Photoshop to merge the two images together into a pornographic picture, then you are violating several copyrights - Playboy, the fanzine and possibly Paramount (the owner of the Star Trek images). It is also possible (although not likely) for you to be successfully sued for defamation of 
character by the actress who plays 7 of 9.

Mechanics

A browser loading a copy of an image, web page, sound or anything else for display is NOT violating copyright (this was clarified by the DMCA).

Also, the mechanical aspects of displaying something off the internet do not violate copyright. This, according to DMCA, an ISP transmitting the image, the browser storing a cached copy, and so on are not violating copyright even if the work is in 
violation of copyright.

Linking

The internet (and especially the web) is all about linking. Virtually everyone, except for those who do not have the mental capacity of a small soap dish, has no objections to anyone linking to their home page. Some sites (especially commercial sites dependent upon advertising) would prefer you not deep link (link to anything but the home page), but there is really no accepted legal reason why you cannot.

The general rule is, if it's on the internet you can link to it. It's considered good form to only link to web pages (TEXT, HTML or HTML-like objects). It's considered bad form to link directly to images, sounds, zip files, and so on using A HREF without permission. It is a copyright violation to link using IMG SRC (it is also rude in the extreme and bandwidth theft). This includes linking to pictures on other people's websites 
from message boards and forums.

If you link to a website, you are not violating any law. You do not need permission to link to the index page of a web site.

If you link to an HTML-type page on a web site, you are not violating any law (although this is a little more hazy legally than linking to the index page). Again, you do not need 
permission to link to any HTML-type page on a web site. Some sites would like you to believe this is illegal, but it is not and most courts (at least in the United States) seem to be upholding this concept.

If you link to an image or other object using A HREF you are being rude, but you are not violating copyright.  If you link to an image or other object using IMG SRC then you 
are violating copyright law.

Additional Resources

Hire under the 1976 Copyright Act 
http://www.loc.gov/copyright/circs/circ09.pdf

U.S. Copyright Office
http://www.copyright.gov/

Parody and Fair Use
http://www.jamesshuggins.com/h/oth1/parody.htm

Search Engine Disputes
http://www.jamesshuggins.com/h/oth1/search_engine_disputes.htm

NetCopyRightLaw - Welcome
http://www.netcopyrightlaw.com/

(Special thanks to James S. Huggins for his help in reviewing 
this article, see his website at http://www.jamesshuggins.com)

----------------------------------------------------------------
Richard Lowe Jr. is the webmaster of Internet Tips And Secrets
at http://www.internet-tips.net- Visit our website any time to
read over 1,000 complete FREE articles about how to improve your
internet profits, enjoyment and knowledge.


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5.)  
INTERACTIVE CLASSIFIEDS
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AFFILIATES... 
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MILLIONAIRE GUARANTEES YOU MAKE MONEY! 
Find out how to make money on the Internet from someone who does it everyday. Learn what it really takes to succeed CLICK HERE: http://www.mininggold.com/?31352


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feeding never ending stream of prospects Check it out now at link below ! 
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Have your own Web Site, Internet Mall, Monthly Check, Free Ezine Blaster Software and more! For more information, visit my web site at: 
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6.) BIZ*TECH SAVVY SOLUTIONS
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"Pixels and Optimization"
---By Dianne Reuby

So. What's a pixel and when do you use it as a measurement?

A pixel is an abbreviation of "picture cell" - the dots that make up a picture on a computer screen. Web pages measure their graphics in pixels. Some standard sizes (in pixels) are:
Banners - 468 x 60 pixels
Button links - 88 x 33 pixels
Screen sizes - 640 x 480, 800 x 600, and 1024 x 768 pixels


What is 'optimizing' a graphic and how can you do it?

As well as having different heights and widths, graphics also have different color depths. The larger the color depth, the more bytes are needed to represent each pixel of the picture.  Here's an example (in pixels):

A graphic 176 wide x 220 high x 24 bits per pixel is 33 kilobytes. This 'weight' determines how long it takes the graphic to download onto your computer.

Optimizing - or reducing - it to 4 bits per pixel makes it 18 kilobytes, and much quicker to download.

So less color depth means smaller files, and the human eye will hardly notice the difference, especially on a web page. You can do this in an editor such as IrfanView, (free at <http://www.irfanview.com> )  Simply choose Image > Decrease color depth.

I only use programs such as Gif Optimizer on graphics I've created myself, as they can strip out any copyright info the artist has included in the file. Not good "netiquette"!


Dianne Reuby is the co-author of the Newbie Club's 'First Website Builder' at <http://newbieclub.com/builder> Visit her Website at <http://firstwebbuilder.co.uk> for lots more tips.



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7.) EZINE ADVERTISING DETAILS
__________________________________


HOLIDAY ADVERTISING PACKAGES ARE NOW AVAILABLE!
-Tremendous Discounts!
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-Over 34,000 subscribers waiting to see what YOU have to offer!

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Do You Have a Business or Website?
Then you NEED ADVERTISING! 

The OnLine Exchange is here to assist you
with Advertising that gets results!

Your success starts right here:

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Take advantage of our Established Ezine and YOUR AD
could be seen by over 34,000 Subscribers as soon as
this week. Start YOUR Success Story Today!

http://www.online-exchange.com/advertising.htm

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8.) MARKETINGTRENDZ DIRECTORY
______________________


MarketingTrendz
http://www.marketingtrendz.com 

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Ezine Creation Services
http://www.ezinetrendz.com

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PARTNERS-2-SUCCESS
http://www.ezinetrendz.com/partners2success.htm

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Article Submission Services 
http://www.ezinetrendz.com/articlesubmission.htm

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The SCAMINATOR REPORT
http://www.scaminator.com

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Articles-to your-InBox
http://www.ezinetrendz.com/publishers.htm

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ProofReading Services
http://www.ezinetrendz.com/proofreading.htm

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C.O.B.R.A.
http://www.scaminator.com/cobra.htm

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Parents Time-Out
http://www.parentstime-out.com

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Professional Web Design 
http://www.marketingtrendz.com/royaldesigns.htm


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ONLINE EXCHANGE INFORMATION DATA
____________________


PRIVACY POLICY-

ONLY subscribers who have personally and voluntarily subscribed to this Ezine will Receive it. We are 100% Opt-In. We will NEVER provide our subscriber list to ANYONE. We respect the privacy of our readers.

______________________


CONTACT INFORMATION-

Editor: Debbie Solomon
Publisher: Sara Hardy
http://www.marketingtrendz.com
MarketingTrendz
1640 West Sandpiper Circle
Pembroke Pines, FL 33026
sales@marketingtrendz.com


_______________________


DISCLAIMER-

THIS DOCUMENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
The information contained in this document represents the current view of MarketingTrendz on the issues discussed as of the date of publication. Because MarketingTrendz must respond to change in market conditions, it should not be interpreted to be a commitment on the part of MarketingTrendz and MarketingTrendz cannot guarantee the accuracy of any information presented after the date of 
publication. Information provided in this document is provided "AS IS" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and freedom from infringement. The user assumes the entire risk as to the accuracy and the use of this document.

All opinions and viewpoints in each editorial of The OnLine Exchange Ezine is expressed solely by
the editor and writer, Debbie Solomon. The opinions set forth by the editor is not necessarily an interpretation of viewpoints made by the company.

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