spacecadet Posted December 4, 2020 Share Posted December 4, 2020 18 minutes ago, Cryptoprocta said: As you well know, in the UK, if teachers are using them within their own classrooms, it's almost never theft, it's an allowed use (exception to copyright). "the copying of works in any medium as long as the use is solely to illustrate a point, it is not done for commercial purposes, it is accompanied by a sufficient acknowledgement, and the use is fair dealing. This means minor uses, such as displaying a few lines of poetry on an interactive whiteboard, are permitted, but uses which would undermine sales of teaching materials are not" https://www.gov.uk/guidance/exceptions-to-copyright also in the US https://copyright.universityofcalifornia.edu/use/teaching.html th EU https://ec.europa.eu/commission/presscorner/detail/en/MEMO_19_1849 Canada: https://guides.library.uoit.ca/copyright/copyrightexceptions and presumably other countries. In the UK, it's hard to see how this could apply to a photograph for which a licence could be obtained, because you'd always be undermining a sale, whereas a licence for a few lines of poetry may simply not be licensable, or even, if not a substantial part of the work, an infringement at all. If you reproduce a photograph uncropped it's a substantial part by definition- that is, all of it. In particular, you cannot claim fair dealing of a news photograph at all. 1 Link to comment Share on other sites More sharing options...
Cryptoprocta Posted December 4, 2020 Share Posted December 4, 2020 2 minutes ago, spacecadet said: In the UK, it's hard to see how this could apply to a photograph for which a licence could be obtained, because you'd always be undermining a sale, whereas a licence for a few lines of poetry may simply not be licensable, or even, if not a substantial part of the work, an infringement at all. If you reproduce a photograph uncropped it's a substantial part by definition- that is, all of it. In particular, you cannot claim fair dealing of a news photograph at all. That is where there is a problem interpretation. Generally undermining sales of 'teaching materials' is understood to mean published textbooks etc., though you are clearly interpreting a photo as a 'teaching material' if is used that way. I suspect you'd be relying on "the man on the Clapham omnibus" to settle that. 1 Link to comment Share on other sites More sharing options...
geogphotos Posted December 4, 2020 Author Share Posted December 4, 2020 (edited) 3 hours ago, Cryptoprocta said: As you well know, in the UK, if teachers are using them within their own classrooms, it's almost never theft, it's an allowed use (exception to copyright). "the copying of works in any medium as long as the use is solely to illustrate a point, it is not done for commercial purposes, it is accompanied by a sufficient acknowledgement, and the use is fair dealing. This means minor uses, such as displaying a few lines of poetry on an interactive whiteboard, are permitted, but uses which would undermine sales of teaching materials are not" https://www.gov.uk/guidance/exceptions-to-copyright also in the US https://copyright.universityofcalifornia.edu/use/teaching.html th EU https://ec.europa.eu/commission/presscorner/detail/en/MEMO_19_1849 Canada: https://guides.library.uoit.ca/copyright/copyrightexceptions and presumably other countries. I have reminded you in the past but you seem not to have taken it in. Using a photo without copyright permission is an infringement. It is not a few lines of poetry it is an entire work. My images are on sale as teaching materials. If you use one without paying that is undermining a sale. Not really sure why you keep banging on about this and then accuse others of making up the law or saying that it is a matter of interpretation. If this wasn't the case there would be little point in the term 'copyright-free' within an Alamy licence. Edited December 4, 2020 by geogphotos 1 1 Link to comment Share on other sites More sharing options...
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