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Bugimus
Maniac (V) Mad Scientist

From: New California
Insane since: Mar 2000

posted posted 03-09-2003 03:48

I am usually confused when it comes to fair use of images. A regular player of my slicepuzzle really wanted this image made into one.

I saw this one the FAQ:

quote:
Q6: Can I use an APOD picture for my computer-screen background?
A6: For personal, non-commercial, non-public fair use, yes.

Does a puzzle on a page like mine fall into this category of fair use?

. . : slicePuzzle

krets
Paranoid (IV) Mad Scientist

From: KC, KS
Insane since: Nov 2002

posted posted 03-09-2003 03:53

Well you're not making any money off the slice puzzle thing and I would think as long as you gave credit and linked to the original site there wouldn't be any issues.

That's my very unprofessional opinion though.

:::krets.net:::

Bugimus
Maniac (V) Mad Scientist

From: New California
Insane since: Mar 2000

posted posted 03-09-2003 04:02

That's kind of where I was headed too. Let's see what other insights come along from the Asylum.

Emperor
Maniac (V) Mad Scientist with Finglongers

From: Cell 53, East Wing
Insane since: Jul 2001

posted posted 03-09-2003 04:13

Bugs: I'm actually unsure about the non-public use statement. From personal experience their copyright notices are far from clear. We use a NASA image for the GN locator:
http://development.gurusnetwork.com/locator/

and I had a nice chat with someone at NASA about it. She said:

quote:
You are right, our data are not copyrighted and you are free to use any of our data or images. We do request that you give us credit. Listed below is the citation for GLOBE. You could certainly use an abbreviated version of this, perhaps instead of all the names just GLOBE Task Team and others.



but we felt we should go for the longer acknowledgement

However, this is only one division and can't be taken to be NASA policy but if there is any ambiguity then drop them a line.

___________________
Emps

FAQs: Emperor

DarkGarden
Paranoid (IV) Inmate

From: in media rea
Insane since: Jul 2000

posted posted 03-09-2003 04:27

UNNNNNNfortunately, "fair use" is purely ambiguous when it comes to reality. If you gain any notoriety from the use of the photo (or from the project that the photo is used in) then it can be argued that the notoriety was gained from another's work, and that any income you gleaned from that notoriety is therefore suspect.


Blah blah blah.

Contacting whoever holds copyright about the usage, and getting a clear statement of release absolves you of all that. Giving credit where it's due is a nice way to cover your arse, but can fall short at times when people get malicious.

Having said that, I'd say that you're realtively clear to use the image as long as copyright is established and credit given.


Wes
Paranoid (IV) Mad Scientist

From: Inside THE BOX
Insane since: May 2000

posted posted 03-09-2003 18:25

Basically, fair use allows the use of limited portions of a work "for purposes such as commentary, criticism, news reporting, and scholarly reports" (from copyright.gov). The term "fair use" in the FAQ you quoted was misused.

It is true that NASA photos are in the public domain. (After all, we pay for them.) In this instance, though, I'm not sure who all was involved in the creation of that composite image, so a little research will have to be done to find out who owns the rights, if anyone.


Tyberius Prime
Paranoid (IV) Mad Scientist with Finglongers

From: Germany
Insane since: Sep 2001

posted posted 03-09-2003 18:53
quote:
"non-public fair use"



Your puzzle is by it's very nature public, I believe.

So no use without asking the copyright owner first. (and of course, they may say no.)

so long,

Tyberius Prime

WebShaman
Maniac (V) Mad Scientist

From: Happy Hunting Grounds...
Insane since: Mar 2001

posted posted 03-10-2003 09:28

This will help, Bugs What is Copyright?

quote:
Copyright is a protection that covers published and unpublished literary, scientific and artistic works, whatever the form of expression, provided such works are fixed in a tangible or material form. This means that if you can see it, hear it and/or touch it - it may be protected. If it is an essay, if it is a play, if it is a song, if it is a funky original dance move, if it is a photograph, HTML coding or a computer graphic that can be set on paper, recorded on tape or saved to a hard drive, it may be protected. Copyright laws grant the creator the exclusive right to reproduce, prepare derivative works, distribute, perform and display the work publicly. Exclusive means only the creator of such work, not anybody who has access to it and decides to grab it.

When does Copyright Protection begin, and what is required?

Copyright protection begins when any of the above described work is actually created and fixed in a tangible form.

--What is Copyright



And you might want to check out the Berne Convention...

But Peter has the goods, really...always get express, written permission from the oriniator. Then you are in the clear.


WebShaman

Bugimus
Maniac (V) Mad Scientist

From: New California
Insane since: Mar 2000

posted posted 03-10-2003 18:25

SWEET! I did just that. I emailed one of the names in the credit section and he got back to me and told me and I quote:

quote:
You may use, re-use, and distribute the image in any way you like.

I'm glad I asked and I'm very appreciative of the good advice from you all.

. . : slicePuzzle

Nethermind
Bipolar (III) Inmate

From: under the Milky Way tonight
Insane since: Feb 2003

posted posted 03-10-2003 21:05

Bugimus, I just wanted to say (off topic) that my 5 year old daughter has just discovered your slice puzzles. She's addicted!

And to think, it only took her 20 moves to get the puzzle right

~N

Bugimus
Maniac (V) Mad Scientist

From: New California
Insane since: Mar 2000

posted posted 03-11-2003 18:52

WebShaman
Maniac (V) Mad Scientist

From: Happy Hunting Grounds...
Insane since: Mar 2001

posted posted 03-12-2003 08:59

Yup. My daughter likes your slice puzzles, as well (she will be 8 in May).

Wes
Paranoid (IV) Mad Scientist

From: Inside THE BOX
Insane since: May 2000

posted posted 03-12-2003 14:20

I stay away from your damn slice puzzles because they suck all the time out of my universe. Damn you and your creations!


WebShaman
Maniac (V) Mad Scientist

From: Happy Hunting Grounds...
Insane since: Mar 2001

posted posted 03-13-2003 10:38

~Kicks Wes~

Damn bagel eater, you!

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