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your thoughts, fair use act on images

rgfirefly24
post 30 Apr, 2008 - 04:49 PM
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ok, so i was talking to a few people today about if images on the web are copyrighted and if so are they eligible for use under the fair use act. I was just wondering what you guys thought about use of images for school projects that are not for profit.

http://en.wikipedia.org/wiki/Fair_use and http://www.copyright.gov/fls/fl102.html
those are links to two sites that talk about fair use act.

My thought is that images posted on the web are not copyrighted, or if they are they can fall under the fair use act.
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no2pencil
post 30 Apr, 2008 - 06:08 PM
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QUOTE(rgfirefly24 @ 30 Apr, 2008 - 07:49 PM) *

ok, so i was talking to a few people today about if images on the web are copyrighted and if so are they eligible for use under the fair use act. I was just wondering what you guys thought about use of images for school projects that are not for profit.

School prepares you for the real world (employment skills). So if you can't use these for profit, you shouldn't be able to use them for school work. Depends on the class, really, but overall, this is my believe.
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rgfirefly24
post 30 Apr, 2008 - 06:24 PM
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very true, but one thing that comes to my mind is that when your searching for images for a specific topic you cant always find the author. It is said that you have to have written consent to use copyrighted material if it doesn't fall into the fair act clause. In those cases what is a student to do? you really cant have images to created for you most of the time.
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no2pencil
post 30 Apr, 2008 - 06:26 PM
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QUOTE(rgfirefly24 @ 30 Apr, 2008 - 09:24 PM) *

what is a student to do? you really cant have images to created for you most of the time.

However, one could do some leg work & request permission to use said copyright protected images for the sole purpose of the project.
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rgfirefly24
post 30 Apr, 2008 - 06:34 PM
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QUOTE(no2pencil @ 30 Apr, 2008 - 06:26 PM) *

QUOTE(rgfirefly24 @ 30 Apr, 2008 - 09:24 PM) *

what is a student to do? you really cant have images to created for you most of the time.

However, one could do some leg work & request permission to use said copyright protected images for the sole purpose of the project.


right, but often times you are only given 2 days to a week to do a project. What happens if you don't get any responses back? I do agree with you that if at all possible get the written permission, but its not always possible.
infact for my final web page project i was given a week to create a fully functional website. Day one i planed out what pictures i needed, and went out to find images. I sent in requests to probably 20-25 different sites to get permission to use their images, but as of right now(1 day before due date) have not received a word back from any of them. That is what prompted me to do the research on the fair use act. I had to whip up paint images for several buttons, as i have no access to access to any real editing software. This is actually going to cause points of for making the web page's look less effective.


This post has been edited by rgfirefly24: 30 Apr, 2008 - 06:38 PM
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PsychoCoder
post 30 Apr, 2008 - 06:36 PM
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It's simple, if you cant get permission to use the image, move on and find a different, royalty free image. Just my 2¢
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no2pencil
post 30 Apr, 2008 - 06:38 PM
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QUOTE(rgfirefly24 @ 30 Apr, 2008 - 09:34 PM) *

right, but often times you are only given 2 days to a week to do a project. What happens if you don't get any responses back? I do agree with you that if at all possible get the written permission, but its not always possible.

& you'll find that life in the workplace is not much different.

You need to put in extra hours, because I promised the client it could be done 3 days faster than humanly possible. is your fault? No it's mine. Now get to work.
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KYA
post 30 Apr, 2008 - 06:49 PM
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copyrighted images can be used under the fair use act if whatever you're making isn't trying to make money
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rgfirefly24
post 30 Apr, 2008 - 07:08 PM
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QUOTE(KYA @ 30 Apr, 2008 - 06:49 PM) *

copyrighted images can be used under the fair use act if whatever you're making isn't trying to make money


see i like KYA's answer tongue.gif but what i ended up doing is creating some really crappy looking buttons for the image buttons. We'll see what happens. At least i got it done now and its my last final biggrin.gif. now i can focus more on my clients application instead of school.


ohh and dont i know that life in the real world isnt much different. I was given a project to create an asp.net application. When i asked for a requirements doc they basically looked at me and said.... didnt you get the wireframe diagram?..... yea and your sapposed to be the Buisness analyst.

This post has been edited by rgfirefly24: 30 Apr, 2008 - 07:10 PM
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KYA
post 1 May, 2008 - 12:24 AM
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The best school example I can think of is a yearbook. They can't use a copyrighted image because they are selling you the yearbook.
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rgfirefly24
post 1 May, 2008 - 04:52 AM
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QUOTE(KYA @ 1 May, 2008 - 12:24 AM) *

The best school example I can think of is a yearbook. They can't use a copyrighted image because they are selling you the yearbook.


actually thats not true. You can still use copyrighted material. (i was editor and business manager for my high school yearbook) It does move toward a greyer area yes, but if you are not impacting the actual market that the original image is in, then it can fall under fair use. (i still had waivers signed for all images that were not the work of our own photographers)

The fair use act, along with a lot of things are still too broad. To give the ability to interpret a law how a judge sees fit allows for a lot of bias to come into play. The only thing i could say is that if in doubt don't do it. A good rule of thumb is if you think its copyright infringement or plagiarisms it probably is. Thank you guys for sharing your input smile.gif
continue to do so if you'd like. BTW, i e-mailed my teacher and he caved and said that the images i used were ok, WOOT! lol
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