[Air-l] Permissions for web images that no longer exist

[Dan L Burk]

Hi Mia --

This is a tough one.  It depends in large measure on how risk averse your
publisher is.  Copyright liability is strict, so in the absence of explicit
permission, the only safe route is not to use the materials, and many
publishers will demand you go that route, and/or demand that you indemnify
them.

I see that a couple of people have opined that the use might be fair.  That
is possible, and my personal sympathies lie in that direction, but you
won't know until the matter is in front of a judge.  Also, fair use exists
ONLY in the U.S., so if the publication or distribution of the materials is
international in scope you will have to look country by country at whatever
local exemptions exist (e.g., under fair dealing provisions in Canada or
the UK, user privelege provisions in EU nations, etc.).

Sorry that there's no good or easy answer here.  DLB


P.S.  Standard disclaimer: I am not your lawyer, you are not my client,
this message creates no advisory relationship, you should not rely on any
opinion I have expressed, you should consult competent counsel admitted to
practice in your jurisdiction, etc., etc.


Dan L. Burk
Visiting Professor
Cornell Law School
Myron Taylor Hall
Ithaca, NY 14853 USA

Oppenheimer, Wolff & Donnelly Professor
University of Minnesota Law School
229 19th Avenue South
Minneapolis, MN 55455 USA
***************************************
Voice: 612-626-8726
Fax: 612-625-2011

On 27 Apr 2005, Mia Consalvo wrote:
> 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