[Air-L] public private

[Ed Lamoureux]

doesn't really matter if the is derivative or novel . . . (although  
this distinction does matter in some situations).

academic citation practices DO work, under the law and fair use,  
because the quoted material is a small amount of the whole and  
citation gives credit. Taking the whole is not allowed, taking a  
large portion is not allowed, and in certain cases, taking a little  
isn't allowed (if doing so would compromise the market for the work,  
for instance).

but the use to which you refer (quoting a small amount and citing it)  
is NOT THE SAME USE as is collecting data for a research project.  
Data collection is using the material generated by subjects for the  
purposes of research. In that case, the subjects should give their  
informed consent unless the data collection falls under the various  
exemption provided for observational research (random and anonymous,  
untraceable to subject, etc.). And in the case of those exemptions, a  
particular subject protection review board as given permission for  
that exemption.  Further, use that such data, as data, is NOT the  
same as using that material as a referenced writing . . . and  
therefore does not accrue the same practices to cover the copyright  
aspect.

So .... IF your ARB has looked at the protocol and says "this is  
purely observational, or records, etc. and is untraceable to the  
source, so therefore meets the conditions of the exempt categories  
for observational research" THEN one's pretty much in the clear  
without permission from subjects IF that's what the board agreed to.  
But the exemption IS NOT THE DEFAULT CONDITION.... it must be applied  
for. Until it is granted, the default condition is that informed  
consent and subject protection protocols must be used. Fair use is  
slippery . . . it's almost ALWAYS better to assume that if you did  
not write it, you can't use (very much of) it without permission.


On Aug 10, 2007, at 11:34 AM, Jeremy Hunsinger wrote:

> I suggest that for most of the purposes of research, the use of the
> materials in question from the internet are not derivative uses, but
> novel uses and thus the inclusion of copyrighted material under the
> rubric of fair use does not matter so long as the inclusion is
> properly cited and referenced.  However, I am not a lawyer and would
> prefer to hear from some of the notable law professors on this.
> Because the rule on citing and using texts from the internet, in my
> opinion, must be the same or a very close rule to using any other
> copyrighted text.  If i can quote and cite from a book as
> evidence.... then, published materials on the internet must follow a
> similar rule, no?

Edward Lee Lamoureux, Ph. D.
Associate Professor, Multimedia Program
and Department of Communication
Co-Director, New Media Center
1501 W. Bradley
Bradley University
Peoria IL  61625
309-677-2378
<http://slane.bradley.edu/com/faculty/lamoureux/website2/index.html>
<http://gcc.bradley.edu/mm/>
AIM/IM & skype: dredleelam
Second Life: Professor Beliveau