[Air-L] Using screen captures in Thesis paper

Dan L. Burk dburk at uci.edu
Tue Jul 10 15:07:57 PDT 2012

Er -- yes.  However.

Not to turn this into a copyright lesson or anything, but -- first, the
United States is also a Berne signatory, so if this were relevant, Gaia
being located in California rather than Europe wouldn't necessarily

Second, notice that under Article 10(2) below, illustration is a matter of
national legislation.  Not even all the EU nations have a
quotation/illustration right (see, e.g., Annette's previous message, about
the blog post where she discovered that Denmark mostly doesn't).

Third, in countries that have implemented such exceptions, permissible 
"quotation" and "illustration" can be extremely narrow -- not necessarily
helpful to a situation like Emily's.

And, fourth -- oversimplifying a bit -- treaties seldom provide rights;
they reflect agreements between nations to provide rights.  So you
generally have to look at national law rather than what is in treaties
(especially *this* treaty) to know what is allowable.

Regards,  DLB

> In Europe, we have the reference of Berne Convention article 10 the use of
> illustrations for teaching
> for the Protection of Literary and Artistic Works but Gaia Online is from
> CA.
> http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html#P144_26032
> Article 10
> Certain Free Uses of Works:
> 1. Quotations; 2. Illustrations for teaching; 3. Indication of source and
> author
> (1) It shall be permissible to make quotations from a work which has
> already been lawfully made available to the public, provided that their
> making is compatible with fair practice, and their extent does not exceed
> that justified by the purpose, including quotations from newspaper
> articles
> and periodicals in the form of press summaries.
> (2) It shall be a matter for legislation in the countries of the Union,
> and
> for special agreements existing or to be concluded between them, to permit
> the utilization, to the extent justified by the purpose, of literary or
> artistic works by way of illustration in publications, broadcasts or sound
> or visual recordings for teaching, provided such utilization is compatible
> with fair practice.
> (3) Where use is made of works in accordance with the preceding paragraphs
> of this Article, mention shall be made of the source, and of the name of
> the author if it appears thereon.

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