Use of Copyrighted Materials for On Line Presentations?

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Use of Copyrighted Materials for On Line Presentations?

Postby RooseveltG » Mon Jul 01, 2013 8:02 am

I am considering developing an on line course and would like to display copyrighted charts, cartoons, etc. from other publications. Is there a way to legally use these materials without copyright infringement? Do you have to receive permission from each original source?

Thanks in advance.

Roosevelt.
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Re: Use of Copyrighted Materials for On Line Presentations?

Postby prudent » Mon Jul 01, 2013 8:06 am

Yep, you need permission from the copyright holders, and it's a good idea to put "used with permission" on all the images in your presentation.
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Re: Use of Copyrighted Materials for On Line Presentations?

Postby Oilburner » Mon Jul 01, 2013 8:11 am

Yes, you do. It needs to be written permission and it applies to the work, whether copyrighted or not. Part of my job function is seeking those permissions for material used in documents my employer publishes. And if the intellectual property owners want compensation, you need to decide whether or not you wish to use the material and pay for the use.

If you are merely quoting a source, I believe it is ok to footnote the source in your presentation.
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Re: Use of Copyrighted Materials for On Line Presentations?

Postby JamesSFO » Mon Jul 01, 2013 8:20 am

Don't forget fair use. This wikipedia entry has a reasonable summary: http://en.wikipedia.org/wiki/Fair_use

That said it's harder (but not impossible) to successfully claim fair use when you use 100% of something, e.g. an entire comic or poem versus a one line quote from a longer book or article.

Also within a corporate setting it is much more important to pre-clear especially because profit motive is one of the prongs of the fair use test.

PS - to be clear requesting permission/pre-clearance is the guaranteed clean path to use, but it is not the only path.
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Re: Use of Copyrighted Materials for On Line Presentations?

Postby RooseveltG » Mon Jul 01, 2013 10:59 am

Thanks for the responses.

Another question. Can you place a quote from a Warren Buffett or Larry Swedroe in a presentation? I would be attributing the quote to the author.

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Re: Use of Copyrighted Materials for On Line Presentations?

Postby JamesSFO » Mon Jul 01, 2013 1:41 pm

RooseveltG wrote:Another question. Can you place a quote from a Warren Buffett or Larry Swedroe in a presentation? I would be attributing the quote to the author.


Comes back to fair use question: Most likely answer is yes provided you are not implying they endorse you in some way and correctly quote them. But asking is nice if you have an easier path (e.g. to Larry here on this site)
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Re: Use of Copyrighted Materials for On Line Presentations?

Postby prudent » Mon Jul 01, 2013 3:08 pm

I agree, a properly attributed quote would be OK under fair use.
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Re: Use of Copyrighted Materials for On Line Presentations?

Postby Phineas J. Whoopee » Tue Jul 02, 2013 5:50 pm

Hi Roosevelt,

I endorse the earlier responses in this thread, and would like to introduce one new element:

If you use copyrighted material thinking it's fair use, and the copyright owner sues you anyway, how long will you be able to pay experts to defend your conduct?

Whatever one [you personally have not expressed an opinion so this is a general remark] might think about information wanting to be free, that's a serious, pragmatic consideration.

PJW
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Re: Use of Copyrighted Materials for On Line Presentations?

Postby ataloss » Tue Jul 02, 2013 10:00 pm

I am considering developing an on line course and would like to display copyrighted charts, cartoons, etc. from other publications. Is there a way to legally use these materials without copyright infringement? Do you have to receive permission from each original source?


If it is nonprofit educational use that helps your case.
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Re: Use of Copyrighted Materials for On Line Presentations?

Postby LadyGeek » Tue Jul 02, 2013 10:27 pm

JamesSFO wrote:Don't forget fair use. This wikipedia entry has a reasonable summary: http://en.wikipedia.org/wiki/Fair_use

The Wikipedia article is flagged for a neutrality dispute (under Common misunderstandings).

You may want to look at this article from Stanford University: Measuring Fair Use: The Four Factors
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