Marc, I have one other thought on how to get a useful opinion about this fair-use copyright question. Our librarians serve as the interpreters of fair-use for us. They have studied these issues and offer knowledgeable opinions. If I had this question on my campus I would ask them first. Perhaps you have a similar group on your campus.
Good luck Dennis ------------------------------------------------------------------------------------------------------------------ Dennis M. Goff Charles A. Dana Professor of Psychology Department of Psychology Randolph College (Founded as Randolph-Macon Woman's College in 1891) Lynchburg VA 24503 -----Original Message----- From: Ken Steele [mailto:[email protected]] Sent: Sat 2/5/2011 7:07 AM To: Teaching in the Psychological Sciences (TIPS) Subject: Re: [tips] Question... Hi Marc: Mike makes several good points. Here is my take on the issue: 1. There are lawyers and there are lawyers. Lawyers (like academics and medical people) tend to specialize in particular areas. The natural tendency for a lawyer who is unsure of the ramifications of an action is to advise someone not to engage in that action. So your school attorney (who is probably very knowledgeable in employment and compensation issues) may not be very strong with regard to copyright issues. 2. Your intended use seems to fall under "fair use" provisions. Here is a link to the US Copyright office that offers a short definition. I would look at that material and proceed from there. http://www.copyright.gov/fls/fl102.html Ken --------------------------------------------------------------- Kenneth M. Steele, Ph.D. [email protected] Professor Department of Psychology http://www.psych.appstate.edu Appalachian State University Boone, NC 28608 USA --------------------------------------------------------------- On 2/4/2011 11:36 PM, Mike Palij wrote: > On Friday, February 04, 2011 1:33 PM, Marc Carter wrote: >> Hi, All -- >> >> One of my students is considering using YouTube clips in a source/false >> memory study, and we don't know about copyright issues. Do any of >> you have any idea about whether it's appropriate to do that without seeking >> permission in advance? >> >> We could email the person who posted it and get permission that way, >> but I'm not sure of the legality of it. Any advice will be greatly >> appreciated. > > A few points. > > (1) This is a legal question that you should ask an attorney associated with > your school. This is a serious issue. Stop and think about it. Would You > post > to Tips something like "I'm having serious chest pains. Does anyone have > any ideas whether I'm having a heart attack?" > > (2) I'm not a lawyer (just saying; most people on Tips are not lawyers and > you do want to get a legal opinion from a lawyer) but as soon as you "fix" > something into a particular form (e.g., a narrative text, a painting or > drawing, > a picture, a video, etc.) you automatically hold the copyright to the > fixed form, regardless of whether you specify a copyright notice or not. > This is why the writer of a doctoral dissertation doesn't have to submit > a formal copyright notice or even specify that the author holds the copyright > -- > it is assumed (e.g., my dissertation somehow wound up on books.google.com > and when I asked them how it got there I didn't get an answer but they said > that I held the copyright and they would not display any of the text unless I > gave them permission to do so; a copy still can be gotten from the > Dissertations > Abstracts folks). Same for YouTube videos. People who put up original > videos hold the copyright to the video UNLESS THEY EXPLICITLY > GIVE IT UP. See, for example: > http://www.google.com/support/youtube/bin/answer.py?hl=en&answer=83755 > Assume that someone who puts up an original work on YouTube holds the > copyright unless they explicitly say otherwise. Then again, I'm not a lawyer > and as YoutTube states, they're not relying upon lawyer's advice, so you > better get the advice of a lawyer. > > (3) I think the real issue if whether one's use of a video falls under the > "fair use" > provision of the copyright law. If the original creator of a video wants to > be > "difficult", they claim that no one can use their video unless they get their > permission (and perhaps some compensation). This issue comes up when > people "embed" a YouTube video on their website. One discussion of the > issues is provided here: > http://www.thesitewizard.com/general/embed-youtube-video-copyright-matters.shtml > Again, the person writing on this website is not a lawyer and is not rendering > a legal opinion but it does provide context for the issues involved. Which > should be helpful when one does talk to a lawyer about the specific use of > a video is "fair use" or requires the permission of the copyright holder. > Some > copyright holders won't care while others will and may want to be compensated > somehow for the use of their original materials. > > Copyright is a weird issue but if you want to play it safe (a) always ask the > apparent holder of the copyrighted material for permission to use it, and/or > (b) get a legal opinion, especially from someone who does copyright law. > > -Mike Palij > New York University > [email protected] > > --- You are currently subscribed to tips as: [email protected]. 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