Re: Use of Screen Shots in Writing Software Manuals

From: Benedict O'Mahoney <benedict[_at_]benedict.com>
Date: Fri, 18 Mar 2005 13:40:30 -0500

When you complete a copyright registration application for software, one of the items that you can claim protection for is 'visual display', so absent any license or permission, you would need to do a fair use analysis:

Purpose: It is commercial use, which would tend to disfavor your use. However, it is also teaching, and may contain comment and/or criticism of the program, which would tend for favor your use.

Nature: Since your use is somewhat transformative, this would tend to favor your use.

Amount: Screenshots are probably by definition a small percentage of the program. Depending on how many you used, it may also be a relatively small percentage of the visual display. This would favor your use.

Effect on market: Probably would help the market for the software. This would favor your use. However, if they also published books on using their software, you would be hurting their market for derivative works. This would disfavor your use.

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  Benedict O'Mahoney
  www.benedict.com
  benedict[_at_]benedict.com

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-----Original Message-----
From: Lalpdx1[_at_]aol.com
To: "CNI-COPYRIGHT -- Copyright & Intellectual Property" <CNI-COPYRIGHT[_at_]cni.org>
Date: Fri, 18 Mar 2005 12:40:00 -0500
Subject: [CNI-(C)] Use of Screen Shots in Writing Software Manuals

> Suppose a person wants to write a (commercial) book or training manual
> instructing others on how to use a third party's copyrighted computer
> software. May
> the person make use of "screen shots," produced through use of the
> software,
> as an instructional aid in such a book without infringing copyrights in
> the
> software? Would such use be fair use? I'd appreciate any comments, or
> cites to
> cases addressing this specific issue. Thanks so much, Larry.
>
Received on Fri Mar 18 2005 - 23:40:30 GMT