Copyrights and Fair Use

[Skipees]

Do we can use other people live shows photographs, scans, or any other things in the live guide? There's the "Fair Use" thing, since we are not get any money from any source for the live guide or even for the whole site, can we do that?

 

Here's what U.S. Copyright Office says about Fair Use:

One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.

 

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.

 

The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes

The nature of the copyrighted work

The amount and substantiality of the portion used in relation to the copyrighted work as a whole

The effect of the use upon the potential market for, or value of, the copyrighted work

The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

 

The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”

 

Copyright protects the particular way authors have expressed themselves. It does not extend to any ideas, systems, or factual information conveyed in a work.

 

The safest course is to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.

 

When it is impracticable to obtain permission, you should consider avoiding the use of copyrighted material unless you are confident that the doctrine of fair use would apply to the situation. The Copyright Office can neither determine whether a particular use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.

 

 

 

FL-102, Reviewed June 2012

what do you think?

[lgr]

this is really a topic for the people in Red, not "everyone (including me!) submit your 2 cents"

 

I was under the impression that we couldn't just take other people's photographs of posters or tickets and use them on the site without permission, but I admit that I may be totally incorrect on that.

 

using photographs of live performances, taken by paid photographers without their consent is certainly off-limits.

posters and tickets are designed to be seen and used by the public, and while it is true that ours is an 'educational'/encylopaedic website, is a personal photograph of a personal belonging (like an old stub or poster) different? at what point does the ticket or poster cease to be a public artifact?

 

sorry, I'm rambling because I'm finding this weirdly interesting, but the only people who can answer this properly are the guys above me

[Skipees]

this is really a topic for the people in Red, not "everyone (including me!) submit your 2 cents"

of course, but i must to add that if we have someone who educated for this stuff, or someone who works in the copyrights area, he can answer too. Edited July 31, 2013 by Skipees

[[AndOne]]

I honestly just take pictures from ebay etc. if they are suitable. To be honest I'd rather have the pics on the site, instead of sending millions of emails asking for permission with probably no reply. If they come forward and email us that they don't like it we remove them. It was no problem so far.

Professional photographs of shows are off limits cause some of them just like to sue.

Most of our stuff is from submissions, my personal collection etc.

[Skipees]

I honestly just take pictures from ebay etc. if they are suitable. To be honest I'd rather have the pics on the site, instead of sending millions of emails asking for permission with probably no reply. If they come forward and email us that they don't like it we remove them. It was no problem so far.

Professional photographs of shows are off limits cause some of them just like to sue.

Most of our stuff is from submissions, my personal collection etc.

so let me see if i understand you correctly - we can put anything in the live guide except professional photographs. right? Edited July 31, 2013 by Skipees

[lgr]

ok, I stand corrected