Wayne wrote: > 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 first question is which jurisdiction applies to us. We're still fledglings in the CoL nest, does that make us Canadian and thus subject to Canadian law? If so then perhaps fair dealing applies. At the same time, the server is in Germany. Are we thus subject to German law? I know nothing about what that would mean for a use like this. Either way, we're seemingly deep in lawyer territory. > 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. The template seems really useful! However, are you suggesting that because of their separate nature that it's okay to upload NC images for use in WikiEducator? If so, I would have to disagree. > 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. How feasible is getting a legal opinion? > 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. To the extent that living an honest live and observing copyright are related? ;-) -=Steve=- --~--~---------~--~----~------------~-------~--~----~ 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 -~----------~----~----~----~------~----~------~--~---
