[Air-L] Using screen captures in Thesis paper

[Porter, James E. Dr.]

Emily,

The first question I would ask is, Where and how are you planning to publish or distribute your research? If you were using these screen shots in a doctoral dissertation, that's one kind of use -- and one that I would say is more likely covered under educational fair use. If you are planning to use these screen shots in a commercial textbook eventually, that's another kind of use -- less likely to be viewed as fair use. Most journal publishers I know would be reluctant to print screenshots without copyright clearance, or without an indemnity clause in the author agreement. The fact that you have written the company to request permission both helps you and hurts you: Helps you in the respect that it shows a good faith effort to secure permission; hurts you in the respect that it presumes the need to request permission.

Best,
Jim Porter



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<mailto: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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------------------------------------
James E. Porter
Professor, Department of English and
Armstrong Institute for Interactive Media Studies

Department of English
Bachelor Hall 356A
Miami University
Oxford, OH  45056
email: porterje at muohio.edu
twitter: http://twitter.com/reachjim
web: http://www.units.muohio.edu/english/People/Faculty/I_P/PorterJames.html
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