[Air-l] Permissions for web images that no longer exist (APPLY IT)

[jeremy hunsinger]

yes, that is true... but one thing that seems to indicate that people 
are not defending their copywrite stringently is if their material is 
in a publicly available in another form, for instance, if it is in 
archive.org's wayback machine, then you can use that version instead of 
the version that you are using. does that remove your obligations as 
described below... not really, but  this site is where i send people 
who need more exact answers  http://fairuse.stanford.edu/
On Apr 27, 2005, at 4:27 AM, Cox wrote:

> Interesting question, the answer probably is - it depends.
>
> The law is pretty clear that most uses need permission. The exception 
> that
> matters is fair use.
>
> "Four conditions govern fair use:
>
> The purpose and character of the use;
> The nature of the copyrighted work;
> The amount and substantiality of the portion used; and
> The effect of the use upon the potential market for or value of the
> copyrighted work."
>
> (Bowles, Dorothy (2004). Intellectual Property. In Hopkins, W. (Ed.)
> Communication and the Law, p. 129. Northport, Alabama: Vision Press.)
>
> Bowles indicates that fair use is more likely to protect:
>
>  - non-profit, educational uses subject to whether the use serves the 
> public
> interest of stimulating creativity; whether it does more than 
> repackage or
> rephrase the original; whether it adds 'transformative value'.
>
>  - copying from out-of-print works than ones available for purchase, 
> and
> from more factual works than from more fictional ones.
>
>  - reproducing less rather than more of a work, subject to the
> transformative nature of the secondary work such as the extent to 
> which it
> analyzed as a work of criticism.
>
>  - whether it affects the potential market for, or value of, the 
> original
> work (this is the most important factor of the four).
>
> Unfortunately, there are no clear cut guides for these criteria, and 
> the
> situation regarding images is especially unclear because it's 
> difficult to
> excerpt an image.
>
> My guess is that use in a journal that is strictly academic would be 
> fair
> use, but use in a book would be less protected depending on the nature 
> of
> the book such as whether it is an academic treatise or not.
>
> None of this covers the question of whether the content of the image 
> might
> itself be subject to copyright or trademark protection, such as if it
> contained an image of a logo, a person, or a performance; or whether 
> the
> content might affect the privacy of an individual that it portrays, or 
> be
> libelous in some fashion. In addition, it is likely a dangerous 
> assumption
> that an image found on a website is the work of the owner of that 
> website.
>
> Personally, I'd hesitate to use such an image especially without 
> making a
> substantive effort to locate the creator to seek permission. You may 
> have
> already done a whois search to identify the owner of the website but 
> if not
> this might give an email address different from the one you already 
> have.
>
> Seems odd that this question would pop up while I'm studying for my 
> media
> law exam tomorrow :)
>
> All the Best,
> Don Holeman
>
> Master's Candidate
> New Media
> Newhouse School of Public Communications
> Syracuse University
> 860.424.2599
> djholema at syr.edu
> dholeman at twcny.rr.com
>
>
>
> -----Original Message-----
> From: air-l-aoir.org-bounces at listserv.aoir.org
> [mailto:air-l-aoir.org-bounces at listserv.aoir.org] On Behalf Of Mia 
> Consalvo
> Sent: Wednesday, April 27, 2005 2:03 AM
> To: air-l at aoir.org
> Subject: [Air-l] Permissions for web images that no longer exist
>
> Hi all,
>
> I've run up against a problem that has my publisher stumped as well. If
> you're publishing a book or journal article and want to use pictures
> from a Web site, and you have the pictures but the site is no longer in
> existence, do you need permission? How would you handle this?
>
> And also, what is the site still exists, but all emails to the authors
> of the site bounce?
>
> Any help or pointers of where to look would be greatly appreciated.
> thanks!
> Mia
>
> Mia Consalvo, Ph.D.
> Kohei Miura Visiting Professor
> Department of Communication, College of Humanities
> Chubu University
> Japan
>
> Permanent address:
> Ohio University
> School of Telecommunications
> Athens, Ohio 45701
> USA
>
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jeremy hunsinger
jhuns at vt.edu
www.cddc.vt.edu
jeremy.tmttlt.com
www.tmttlt.com

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