[Air-L] Using screen captures in Thesis paper

Emily Liu b941020045 at gmail.com
Mon Jul 16 02:35:50 PDT 2012

Hi Dan,

Thank you and everyone else who has replied to this topic.

I have some questions to clarify though, as everything is so confusing
regarding the copyright problem.

Based on my understanding you said, the claim to fair use may not be
applicable to my case, since the TOS is a contract for the users of the
site? Is that right?

If someone who is in a site with a copyright disclaimer (and no TOS), and
like my case, cannot hear back to get permission from the site to use in
their study, can they claim fair use as the case?

Yet I am not unwilling to get the authorization for using the screen
captures, just that no one replied.. So the things that I can do now is to
keep sending messages to the site's moderators and other emails and hope
that someone replies?

And if no one replies, I can either as you suggested to use the image and
hope no one notices/cares or not use any images at all?

This is a very difficult issue... And I have no idea who to ask in
Taiwan... I will try to find someone who is familiar with Taiwanese
copyright laws to ask too.

Thanks again for your answers.


Min-Ju Liu (Emily)

M.A. Student in Applied Linguistics

Department of Foreign Languages and Literature
National Sun Yat-sen University

On Wed, Jul 11, 2012 at 6:07 AM, Dan L. Burk <dburk at uci.edu> wrote:

> 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
> matter.
> 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.
> --
> School of Law
> University of California, Irvine
> 4500 Berkeley Place
> Irvine, CA  92697-8000
> Voice: (949) 824-9325
> Fax: (949)824-7336
> bits: dburk at uci.edu

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