Re: turtle image

["Jeff Knope" <jknope@xxxxxxxx>]

Wendy is helping make this issue of proper and improper use of internet 
materials more clear.

What seems clear is the "fair use" doctrine allows both teachers' classroom 
uses and my research uses, without concern about copyright violations.  I 
find it interesting the name of this legal caveat includes the word "fair".

Questions of civility and politeness aside, this begs the question, "why 
ask?"  If we are properly entitled to these uses, why risk being told "no"? 
We are entitled, or we are not entitled.

It appears, for these uses, the advice "Just Do It" is not in the least bit 
radical after all.  It is fully supported in the law.

As to attribution, it is a question of standards of scholarship.  And those 
standards vary with the situation.  If you are submitting a paper for 
publication (or grading), careful documentation of sources is a must.  If 
instead you are casting about, trying to solve some problem, passing it 
back-and-forth among your colleagues, what you have is a draft... and the 
same standards clearly don't apply.

At least, let's be clear:  Under the "fair use" doctrine, Jean is fully 
entitled to use the turtle image in the way she envisions, with or without 
permission.  Further, she is obviously in no way responsible for what others 
may subsequently do with it.  And we can agree, for her use at least, she 
should credit the source.

For me, this is an attractive resolution.  Teachers are empowered to serve 
the interests of their students, free of the kind of fears that Jean 
expressed.  Researchers are free to pursue knowledge unimpeded.  It empowers 
us to do what needs to be done.  Just as it should be.

--Jeff



----- Original Message ----- 
From: "Wendy Petti" <wpetti@xxxxxxxxxxxx>
To: <mwforum@xxxxxxxxxxxxxxxxxxxxxxxxxxxx>
Sent: Saturday, June 04, 2005 7:20 AM
Subject: RE: turtle image


> Hi Jeff,
>
> I can see how the set-up of the DinoData site with its extensive graphics
> library almost seems to encourage the use of the still images (and perhaps
> the animated ones too), though no statement is made one way or the other
> about the source or use of graphics on the site.
>
> At the bottom of every page of the Dinodata site is this:
>
> © [copyright symbol] 2003-2005 DinoData
>
> A specific artist need not be credited.  DinoData has announced its
> copyright of the material on each page.  Even without the announcement, 
> the
> material is copyrighted:
>
> http://resources.blackboard.com/scholar/general/pages/ictraining/Copyright_F
> air_Use.pdf
>
> "How do I obtain a copyright for a work I have created?
> You automatically own the copyright to any work you create as soon as it 
> is
> fixed in a tangible medium. You are not required to take any other action 
> to
> claim your copyright. However, there are certain things you can do to
> communicate or help secure your copyright. You can indicate your ownership
> by the phrase "copyright by" or the symbol "©", the date, and your name. 
> You
> can also register your ownership with the U.S. Copyright office for a 
> small
> fee for additional protection. In many instances registration is a
> prerequisite for taking someone to court for copyright infringement.
>
> Is content on the Internet copyrighted?
> Yes, everything on the Internet (including everything on the World Wide 
> Web)
> is copyrighted. It is a common misconception that everything on the Web is
> in the public domain. While it is true that documents on the Web (and in
> other digital formats) are easier to reproduce and distribute than other
> media, the ease of reproduction and distribution does not change the
> copyright. Digital content is still copyrighted, and copying or 
> reproducing
> it without permission may be illegal.
>
> Copyright in Education: What is 'fair use'?
> Copyright law allows portions of a copyrighted work to be used without the
> author's permission for specific purposes. This is referred to as 'fair
> use.' Fair use allows for portions, or in some cases the entirety, of
> copyrighted works to be used for purposes such as 'criticism, comment, 
> news
> reporting, teaching (including multiple copies for classroom use),
> scholarship, or research'...." [This particular article and the one I 
> cited
> yesterday go on to detail some of the fair use provisions.]
>
> Anyhow, I went ahead just now and wrote to the DinoData site requesting
> permission for members of the MWForum to use some of their animated 
> graphics
> in MicroWorlds projects shared with other educators on our forum. 
> Sometimes
> in the past when I've requested permission to use graphics I've heard 
> back,
> and sometimes I've gotten no reply.  I'll let you know if I hear from 
> them.
>
> Remember:  We are not limited by the extremes of "Just Do It!" or "Just
> Don't Do It!"  We also have:  "Just Ask!"  And yes, even when it's covered
> by fair use, we must *always* include attribution.  I wouldn't embed a 
> text
> element in the graphics!  Instead, MicroWorlds projects could include an
> extra project page listing credits, and the name and URL of the web page
> could be posted there for each graphic used... just as we would include
> footnotes and/or a bibliography with an academic paper.
>
> Wendy