Hello,
On 03/17/2014 06:24 PM, Gervase Markham wrote:
On 16/03/14 13:31, Sebastian Hoffmann wrote:
I think, Wikipedia for instance treats screenshots in the meaning of
"derived work", which is sometimes covered by OS licenses.
As a result the screenshot has a remark (when you click on it), that it
has the same license as the originating OS program.
Absent fair use, I would say that a screenshot of e.g. the Firefox
window is a derivative work of the graphics (e.g. button icons) which
are shotted, and so carries their license.
Few countries could cover this by "fair use", but a lot of countries do
not know "fair use" in their legal system.
Are there really countries with no concept of this at all?
Yes, Berne only requires signatories to implement citation rights.
The Dutch implementation ("citaatrecht") has the following requirements
for a citation:
- You are only allowed to use a citation for a particular purpose
(a particular purpose according to Dutch copyright law are things
like an announcement, a review, polemic?, or a scientific treatise)
- You cannot include more than what is necessary for the citation
- You have to give attribution
You're also limited in what changes you can make to the citation,
because it needs to be faithful to the original.
So, using a screenshot (assuming the screenshot is copyrightable) in any
kind of fiction (written story, video game, etc..) would not be allowed
because fiction is definitely not a scientific treatise nor a review, etc..
I think most commonwealth countries have Fair Dealing. I always assumed
fair dealing is broader than citation rights, but it seems even fair
dealing often has requirements for a particular purpose and such.
(I know nothing about Fair Dealing :)
-- Kuno.
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