[Air-L] Using screen captures in Thesis paper

Mark Chen markchen at u.washington.edu
Tue Jul 10 05:24:02 PDT 2012


Howdy,

Peter's fair-use argument would be my argument. Tho... I'm not a lawyer
either... :)

Emily presumably isn't selling her thesis; nor is she distributing it for
commercial gain. In fact, she's not redistributing the work as work, per
se, but rather as an object of study that is included with the actual work
that's being distributed (her writing and analysis and commentary about the
work). Blizzard has a similar terms of service agreement with WoW. Many,
many scholars used WoW screenshots in their research both with and without
permission, the latter probably making a fair-use argument.

Also, I have no idea if being in Taiwan changes things.

mark

On Tue, Jul 10, 2012 at 5:13 AM, Peter Gloviczki <glovi002 at umn.edu> wrote:

> Hi, Emily and all,
>
> Could Emily make a fair-use argument? Something along the lines
> of--this information is publicly available, and for research purposes,
> it should be permissible for her to include the screenshots with
> proper attribution--I'm not a lawyer or a legal scholar, but perhaps
> some that are on this list might be able to comment?
>
> Peter
>
> On Mon, Jul 9, 2012 at 10:45 PM, Emily Liu <b941020045 at gmail.com> wrote:
> > Dear All,
> >
> > While doing my research on the online forum-based interactive gaming
> site (
> > www.gaiaonline.com), I have encountered another problem.
> >
> > The site's Terms of Service mention that "The visual interfaces,
> graphics,
> > design, compilation, information, computer code, products, software,
> > services, and all other elements of Gaia Online provided by Gaia,
> including
> > without limitation any artwork, Gaia virtual items, Gaia Gold, Member
> > Submissions, Gaia Member Online Accounts or User IDs, or visual art and
> any
> > combination thereof (all of the foregoing, collectively, the "Materials")
> > are protected by copyright, trade dress, patent, and trademark laws,
> > international conventions, and all other relevant intellectual property
> and
> > proprietary rights, and applicable laws. Except as expressly authorized
> by
> > Gaia, you agree not to buy, sell, license, distribute, copy, modify,
> > publicly perform or display, transmit, publish, edit, adapt, create
> > derivative works from, or otherwise make any unauthorized or commercial
> use
> > of the Materials. You agree to abide by all copyright notices,
> information
> > and restrictions contained in any Materials." Yet I need to include
> > screenshots of the forum and user avatars in my thesis to illustrate my
> > research site and let others understand how forum-based role playing is
> > conducted.
> >
> > I have tried to get authorization to use the site's images by writing to
> > their usertalk email, public relations email, and the site moderator, but
> > received no replies. In this case, can I still include screen capture
> > images in my paper? How should I deal with the issue of copyright or
> > authorization?
> >
> > Thank you
> >
> > Emily
> >
> > --
> >
> > Min-Ju Liu (Emily)
> >
> > M.A. Student in Applied Linguistics
> >
> > Department of Foreign Languages and Literature
> > National Sun Yat-sen University
> > _______________________________________________
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>
>
> --
> Peter Joseph Gloviczki, Ph.D.
> http://petergloviczki.com
> _______________________________________________
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>



-- 
Mark Chen, PhD | Post-Doctoral Scholar | @mcdanger | markdangerchen.net
University of Washington | LIFE Center | Inst for Science and Math Ed |
Center for Game Science
This was sent from a PC with a full-size keyboard; misspellings and brevity
are entirely my fault.



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