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ESL forum > Concerning worksheets > "Fair use"    

"Fair use"



blunderbuster
Germany

"Fair use"
 
Hi there,

I am a bit confused.

What is fair use and what isn ´t when it comes to using pictures and comic trips?

Regards

19 Jun 2010      



juliag
Japan

Great question Regina, would have to say I ´m a little unsure myself.
 
Just did a little research on the Internet, and from what I can understand it varies from country to country but if a) your use is educational or for news reporting or other non-profit activities, and b) the overall precentage of copyrighted material in the work is not too high and c) what  you have made (as in general you not personal you) won ´t affect the profits of the original material it can be considered fair use.
However, it does stipulate that asking for permission is always the best way.
 
I found these sites quite helpful if you want to take a look, though I must say I ´m still not 100% clear. Seems like there ´s a lot of gray areas.
 
 
Well, if anyone is more knowlegable, do let us know. I ´m looking forward to reading your answers, too. Thanks a lot for asking Regina and hope this is of some help.

19 Jun 2010     



stexstme
France

http://www.eslprintables.com/forum/topic.asp?id=7733

19 Jun 2010     



lshorton99
China

Fair use is actually not as cut and dried as most people think!

I ´ve seen a lot of people justify the use of comic strips and pictures as fair use because this site is educational. Unfortunately, it doesn ´t necessarily apply.

I actually can ´t see any way we can use comic strips here at all, unless we have written permission from the author or it is specifically stated in the site where the comic strip comes from.

Check out this link: (the bottom example is the most relevant)

http://www.usg.edu/galileo/skills/unit08/credit08_11.phtml

This is also very interesting.

http://plagiarism.umf.maine.edu/copyright/copy_infrin.html

I was asked by my boss to become an ´expert ´ on this area before he set up a website. It involved going to conferences, reading a lot and talking to experts. The upshot was, which surprised me, that anything uploaded to this site (and similar ones) no longer falls into the ´educational purposes ´ section of the fair use guidelines. Educational purposes only applies when you make a few photocopies of something for your class (and not always then!)

Obviously, if you google an image and find something suitable which you then use in a worksheet, it is not always possible to check the copyright. The truth is, we are probably all guilty of copyright infringement without even knowing it! The only real way to guarantee not breaching copyright is by only using images from free clipart sites and checking the terms and conditions carefully. This isn ´t always practical and I think it highly unlikely someone would be prosecuted for one image! That isn ´t to say it couldn ´t happen!

I feel the term ´fair use ´ is thrown about a lot to justify using materials and that everyone should be aware that this site is not covered under ´fair use ´ terms. Worst case scenario is the site being shut down for multiple copyright infringements which I ´m sure no one wants!

We all just have to be careful, is all!

Hope that answers the question!

Lindsey

19 Jun 2010     



blunderbuster
Germany

Thank you so much, everybody!

I think NOW we really know!

Regards


19 Jun 2010     



lshorton99
China

What really surprised me was that ´Happy Birthday to You ´ is under copyright until 2030!!!!!!

Just shows how little we know!

19 Jun 2010     



blunderbuster
Germany

Now, THAT should be illegal ;o)))

I have found something interesting:

19 Jun 2010     



lshorton99
China

Wow - I don ´t think that could be any clearer!!!!

When I had to do all the research into it, I was definitely surprised. I was also one of the people who believed that fair use covered everything I did and sites like this. I think we are lucky that it hasn ´t been prosecuted more and hopefully this will continue.

I know Spain is tightening up its regulating of such matters.

We will all have to be very careful in the future not to use any image, comic strip, cartoon or text which could be protected by copyright!

Lindsey

19 Jun 2010     



Jayho
Australia

HI all
 
The issue of Fair Use is an interesting and neverending conundrum.
 
You can read more here .  Scroll down to GUIDELINES FOR EDUCATORS
 
Cheers
 
Jayho
 

19 Jun 2010