Voldemort'sWand
03-02-2003, 04:16 PM
Having trouble deciding if you can use a picture? Here is some information about copyright law. If you don't want to be bored with the details, skip down to Legolas'Bow's "Can I use this picture?" (http://www.council-of-elrond.com/forums/showthread.php?s=&postid=177576#post177576)
Copyright laws vary from country to country, but since the owner of this board lives in the United States, I will focus on the laws of the U. S.
The United States Library of Congress Copyright Office has a wonderfully detailed overview (http://www.copyright.gov/title17/92chap1.html#107) of U. S. copyright law. But rather than have you read it all, I will point you to the section that applies to using pictures here at Council-of-Elrond.
A copyright allows the creator of a work, or an agent that creator has chosen to license, full rights to redistribute his/her work. If this was all that copyright law said, we wouldn’t be able to use ANY pictures! But there is a provision in Title 17, section 107 that provides limitations for copyright protection. This is called ”Fair Use” (http://www.copyright.gov/fls/fl102.html). Fair use allows regular folks like us to use the work of another entity for redistribution provided it fits within certain guidelines.
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. Amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use upon the potential market for or value of the copyrighted work.
The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
Words of Wisdom from the Copyright Office web site
“The safest course is always to get permission from the copyright owner before using copyrighted material.” Of course, we would inundate New Line with requests and they probably wouldn’t respond.
”When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of “fair use” would clearly apply to the situation.” The admins and mods of the board will use our best judgement to determine if a particular picture will protect us from copyright infringement under the “fair use” limitation.
So, you still don’t know if you can use a picture based on all of that information? Continue on to Legolas’Bow’s “Can I use this picture?” (http://www.council-of-elrond.com/forums/showthread.php?s=&postid=177576#post177576)
Copyright laws vary from country to country, but since the owner of this board lives in the United States, I will focus on the laws of the U. S.
The United States Library of Congress Copyright Office has a wonderfully detailed overview (http://www.copyright.gov/title17/92chap1.html#107) of U. S. copyright law. But rather than have you read it all, I will point you to the section that applies to using pictures here at Council-of-Elrond.
A copyright allows the creator of a work, or an agent that creator has chosen to license, full rights to redistribute his/her work. If this was all that copyright law said, we wouldn’t be able to use ANY pictures! But there is a provision in Title 17, section 107 that provides limitations for copyright protection. This is called ”Fair Use” (http://www.copyright.gov/fls/fl102.html). Fair use allows regular folks like us to use the work of another entity for redistribution provided it fits within certain guidelines.
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. Amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use upon the potential market for or value of the copyrighted work.
The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
Words of Wisdom from the Copyright Office web site
“The safest course is always to get permission from the copyright owner before using copyrighted material.” Of course, we would inundate New Line with requests and they probably wouldn’t respond.
”When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of “fair use” would clearly apply to the situation.” The admins and mods of the board will use our best judgement to determine if a particular picture will protect us from copyright infringement under the “fair use” limitation.
So, you still don’t know if you can use a picture based on all of that information? Continue on to Legolas’Bow’s “Can I use this picture?” (http://www.council-of-elrond.com/forums/showthread.php?s=&postid=177576#post177576)