OK - IANAL, and I'm not involved with news, or the homearchive, so this
is me with the only-semi-bbc hat on.

I can't see any reference to images in news's Terms of Use etc...'Fair
Use' is unlikely to apply to images reused elsewhere; even if an image
is 'small' it is still the image; it isn't an 'insubstantial part'. It's
the difference between a thumbnail of a portrait, and a very tight crop
of someone's actual thumbnail as shown in that portrait. ;-)

Also, Fair use tends to only apply to private non-commercial excerpting
of information. From:
http://www.intellectual-property.gov.uk/faq/copyright/exceptions.htm

"Yes, there are a number of exceptions to copyright that allow limited
use of copyright works without the permission of the copyright owner.
For example, limited use of works may be possible for non-commercial
research and  private study,  criticism or review, reporting current
events, judicial proceedings, teaching in  schools and other
educational establishments, not for profit  playing of sound recordings
and to help visually impaired people."

"If you are copying large amounts of material and/or making multiple
copies then you may still need permission. Also, particularly where a
copyright exception covers publication of excerpts from a copyright
work, it is generally necessary to include an acknowledgement. Sometimes
more than one exception may apply to the use you are thinking of."

There are more complications, too; in particular, images used on the BBC
are often licensed from elsewhere. We-the-BBC thus don't have the rights
to allow reuse, no matter how incidental. It could, potentially,
jeopardise agreements with AP (who supply images) etc. 

But, like I say, I'm not a lawyer. 

Kim

-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Jonathan Chetwynd
Sent: 12 June 2006 15:54
To: [email protected]
Subject: Re: [backstage] feeds with live graphics?

I believe for such small graphics "fair use" may apply...

have you seen:
http://www.bbc.co.uk/homearchive/
this was originally and for many months hosted here:
http://www.whitelabel.org/~matthew/bbcfront/

presumably scraped on a minute by minute basis :-)

cheers

Jonathan Chetwynd



On 12 Jun 2006, at 15:20, Graeme Mulvaney wrote:

I think the copyright issue still applies as you would be re-using the
images in your service despite the BBC having licensed them.

There must be a few thumbnails associated with each news video clip -
they show up in the viewer and on the website from time to time and
would be more relevant to the story than a stock image. Perhaps these
images could be made freely available, licensing would be less of an
issue as they'd have come from a BBC source and would probably be more
relevant to the actual story than some library images.


On 6/9/06, Jonathan Chetwynd <[EMAIL PROTECTED]> wrote: Graeme,

"a picture of a beardy man" can be used by an interested person without
reading skills to select text for a screen or text reader to read, for
example.

a feed with a link to a graphic isn't re-distribution of the graphic.

regards

Jonathan Chetwynd

On 9 Jun 2006, at 20:17, Graeme Mulvaney wrote:

Generally the images don't belong to the BBC per se, so they can't re-
distribute them.

Besides, you'd have to question the relevance of the thumbnail images
anyway :- How does a picture of a woman with a dodgy perm help you
understand that the NHS has agreed to fund an anti-cancer treatment ? or
a picture of a beardy man explain the situation in Iraq ?

If people had problems reading the text of the stories then those images
would only confuse them more.




On 6/9/06, Jonathan Chetwynd < [EMAIL PROTECTED]> wrote: Where
are the feeds with live graphics?

About One in Five people in the UK is functionally illiterate**, they
need and benefit from images.

http://www.peepo.co.uk/mybbc/grab.png is how a simple css user style
sheet can transform http://news.bbc.co.uk however for the present it
would be great if a feed could provide something similar.

cheers

Jonathan Chetwynd

** http://www.lifelonglearning.co.uk/mosergroup/rep01.htm



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