RE: Creating tutorials for copyrighted software

From: Angela Mott <angmott[_at_]uflib.ufl.edu>
Date: Thu, 15 Jun 2006 18:00:01 -0400

Chad,
I don't know if you've received a response to this or not, but I thought I'd give it a try. As usual I am not a lawyer, this is not legal advice, etc.  

First, as long as you are not using any screenshots or otherwise "copying" the software or any parts thereof I would say you're fine. (Unless a tutorial would be considered a derivative work, but I don't know if it would.) But what kind of lame tutorial wouldn't include screenshots at least right?  

So, if you're going to use screenshots of the software in your tutorials, you want to see if your proposed use is a "fair use." Look at the four factors.  

1. Purpose of the use: only you can answer this. Is this a tutorial for your own public school students, to help them utilize a legitimately obtained copy of the software (or freeware)? If so, I'd say this weighs in favor of fair use, particularly if only your public school students have access to these tutorials and no one else. If you're making tutorials to sell as a user-guide I'd say that would weigh against fair use.
2. Nature of the work: This being software I'd say this would qualify as very creative and would weigh against fair use.
3. Amount of the work: Since you'd only be using screenshots I would expect this to weigh more in favor of fair use.
4. Effect on the market: This is tricky. You're not competing against sales of the software, heck you may even help sales. But you would be directly competing with the author's ability to sell their own tutorials (if they have any or create any in the future). So this could arguably weigh against fair use, particularly if your tutorials were sold or available to more than a restricted audience (like your personal public school students).

Anyway, without knowing more about your plans, this was what I was thinking about. Hope it helps. ~Angela  

---

Angela Mott
Copyright Permissions Coordinator
George A. Smathers Libraries at the University of Florida Phone: (352) 273-2523
Fax: (352) 392-6540
Email: angmott[_at_]uflib.ufl.edu

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org]On Behalf Of Chad C Sent: Friday, June 02, 2006 5:00 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Creating tutorials for copyrighted software

Hello Everyone!

I did a search through the archives but could not find anything specifically relevant to this question. I hope that you might help me make a decision on whether or not to proceed with this project...

I want to create some flash based tutorials for two different types of software. One is open source and distributed free of charge via the Internet. The other is a proprietary software that is owned by a private company. My question is, what are the legal ramifications of creating tutorials for these two different scenarios? The tutorials would basically be used to show users how to use the software to its full capabilities.

My thanks for your help on this.

Sincerely,

-- 
Chad Criswell
http://www.musicedmagic.com
http://musicappreciation.suite101.com  <http://musicappreciation.suite101.com> 

Received on Fri Jun 16 2006 - 02:00:01 GMT