Now how do I get these worms back in the can? I think it will be simpler if I adopt a policy of not using book covers as I have in the past. Part of my logic in using the template over on wikia where my students and I started our little project was that we were not undercutting the market by showing a low-rez book cover and if anything we were advertizing the book (another issue I suppose). However, I am also aware that logic is not a legal defence in all cases. It is also clear that I was being fairly UScentric in my approach.
Thanks for the informative responses to my post. Cheers, Declan On Nov 28, 2:20 am, "Leigh Blackall" <[EMAIL PROTECTED]> wrote: > Yes, what Wayne says is a good depiction of the issues I think. The WP > FairUse template refers to US law.. and while the US seem to be succeeding > in pushing its copyright laws around the world, its Fair Use is by no means > universal - especially in the Commonwealth countries. > > It seems to me though that it would be worth adding to this template and > including reference to the equivalents to Fair Use in other countries, such > as Fair Dealings that Wayne mentions.. Such an effort would be along the > lines of what Peter points out in his article when he talks about what the > America documentary film makers did to strengthen their Fair Uses. it would > be a difficult project and a moving target as many countries would be no > doubt thinking to update their legislation.. either prompted by US free > trade agreements, or because they recognise a need for change in the digital > era. But it could be a project that helps to strengthen Education's argument > for Fair Use etc. So Maybe Peter could continue his article and make it a > research series that looks at equivalent issues around the world... :) > > But, while it would be very useful to have some sort of work done in > unpacking the various interpretations of Fair Use and Fair Dealings etc, I > think Wayne's preference for encouraging the use of free content ensures the > most amount of flexibility and the best long term solution... with regard to > Flickr and users sampling images with Non Commercial restrictions, I think > we should actively discourage the use of NC. In the case of some staff here > at Otago Polytechnic using NC images it was simply a case of not being aware > of the different restrictions and it is a simple process to build awareness > in a positive way (find a better image and replace it, leaving a note as to > why, and ask that only PD, CC BY and CC BY SA (or equivalents) be used... :) > > On Nov 28, 2007 5:45 PM, mackiwg <[EMAIL PROTECTED]> wrote: > > > > > > > > > Hi Declan, > > > Very good questions. Similarly, I cannot claim to be a legal > > professional so my thoughts do not constitute legal opinion. However, > > working with the idiosyncrasies of copyright in the free culture > > movement - one does acquire valuable prior learning through > > experience. > > > Steve Foerster, one of WikiEducator's Interim Advisory Board members > > has recently posted reflection on fair use over at Terra Incognito - > > see: > > >http://blog.worldcampus.psu.edu/index.php/2007/11/14/fair-use-as-a-co... > > > So I hope Steve will wade in with further advice to my reflections. > > > The fair usage doctrine applies to the US. In other parts of the world > > this is typically dealt with under the "fair dealing" concept. The > > problem is that WIkiEducator is an international project, and > > interpretations of fair dealing within national legislation differ. > > > The fair use doctrine is reasonable defensible within the educational > > context of face-to-face teaching. So for example if you show a book > > cover image on the data projector in a face-to-face class, for example > > discussing the ethics of marketing in a Philosophy course - I think > > one is reasonably well covered under fair use/fair dealing. > > > However, in distance education which very often relies on printed > > study materials under their own copyright, from my own experience we > > would always clear the copyright use of such images for education with > > the publisher and not rely on fair dealing. Given the number of > > refusals we had, and the strict requirements to specify the maximum > > print run etc - I'm doubtful of the protections under fair dealing in > > this context. > > > Very soon, WikiEducator will have the capabilities of producing print- > > based study guides in pdf format directly from the site. > > > To give a practical example of a copyright issue regarding images. I > > noticed a growing number of WikiEducators sourcing images from Flickr > > using the Creative Commons Search. In some cases authors were > > inserting images with the NC restriction. This is not compatible with > > our license. Fortunately images are discrete objects which can be > > identified separately. So we developed a Flickr attribution template, > > see: > > >http://www.wikieducator.org/Template:FA > > > What the template does is insert a category for pages using Flickr > > images to help us out when we need to sort out non-free images from > > free images. The problem will arise when a future Wikieducator (lets > > for the sake of argument assume that this is a publisher) produces a > > studyguide which they want to market. Clearly in this scenario they > > would not be able to use NC images so we need a mechanism to identify > > these problems easily. > > > I assume that you were thinking of using the Fair Use Book template > > when uploading an image. Assuming all users incorporate the template - > > we will have a mechanism to identify all pages on the wiki that are > > potential risk candidates. > > > At least, until I can get a legal opinion on this for WikiEducator > > this approach should suffice. > > > In an ideal world I try to encourage all WikiEducators to use free > > content where ever possible - fair usage is an uncomfortable grey area > > when WikiEducator content is used in different formats. However, I do > > understand that in some situations it is necessary to go this route > > for distinct educational purposes. > > > Until now this has not been a major issue for us - but as WikiEducator > > grows, we will need to find appropriate solutions to overcome these > > challenges. > > > Gee ... copyright is a frustrating challenge for educators who want to > > share knowledge <smile>. > > > No doubt - folk will be more confused with my explanation - my > > apologies, I didn't invent copyright. Just trying to figure out how to > > live an honest life. > > > Cheers > > Wayne > > > On Nov 27, 7:34 pm, Declan <[EMAIL PROTECTED]> wrote: > > > Hi folks, > > > > I just added a book cover template to the WikiEducator site (based > > > directly on the wikipedia book cover template). When working on this > > > with students earlier this year I contacted four publishers and asked > > > if they felt that use of a low resolution image book cover was fair > > > use. I received one reply from just one publishers lawyer and he > > > agreed with my interpretation. > > > > I was curious if this issue has been tossed around already in this > > > group (I'm a newbie). > > > > I see the need also for templates to tag images in the public domain > > > (with sub categories for images with expired copyrights, images > > > created by government agencies and placed in the public domain). > > > > Any thoughts? I can't claim any expertise in this area, but I see > > > Wikipedia as an example of one approach to handling these issues. > > > > Cheers, > > > > Declan > > -- > -- > Leigh Blackall > +64(0)21736539 > skype - leigh_blackall > SL - Leroy Goalposthttp://learnonline.wordpress.com- Hide quoted text - > > - Show quoted text - --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "WikiEducator" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [EMAIL PROTECTED] For more options, visit this group at http://groups.google.com/group/wikieducator?hl=en -~----------~----~----~----~------~----~------~--~---
