[Air-L] Permission to reproduce webpages?

[Annette Markham]

Hi Andre,

It's probably clear to you how it falls within fair use, but it might be
worthwhile to do a bit more work to help the journal editorial staff
understand that this is actually fair use, if you haven't already.  It seems
to me that if the screenshot is part of the analysis, it's worth arguing a
bit more about it with the journal, rather than accepting their
assessment--which may be based on misinformation or confusion about
copyright or fear about claims of copyright violation.

There's a widely used form at Columbia that might help demonstrate how the
use of the screenshot falls within fair use.
http://copyright.columbia.edu/copyright/fair-use/fair-use-checklist/

There's also an online fair use evaluation tool that provides you an
archival copy of the results of your fair use analysis.  This can be useful
for your own and the journal's purposes.
http://www.librarycopyright.net/fairuse/index.php

Good luck,

annette

*****************************************************
Annette N. Markham, Ph.D.
Senior Research Fellow, Internet Research Ethics
  Center for Information Policy Research
  University of Wisconsin-Milwaukee
amarkham at gmail.com
http://www.cipr.uwm.edu/
http://markham.internetinquiry.org/

Co-Editor, International Journal of Internet Research Ethics
http://www.ijire.net


On Wed, Sep 1, 2010 at 8:22 AM, Andre Brock <andre.brock at gmail.com> wrote:

> For the first time in, well, ever I've been asked by a journal to obtain
> permission from a website to reproduce a screenshot of a webpage.   Not, to
> be clear, of an image on the page - but of the page itself.   I've been
> offered the option of removing the image and replacing it with a URL, but
> from an archival standpoint that's problematic.  Webpages with dynamic
> content change all the time, not to mention that authors sometimes change
> formats/platforms, modify pages, or remove content that was included in the
> original analysis.
>
> I don't want to miss the publishing deadline, but I need to know: "where
> dey do dat at?!?" (translation: since when did fair use guidelines get bent
> so badly in academic publishing?)
>
> André Brock
> Assistant Professor, SLIS/POROI
> University of Iowa
>
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