Re: Using images off the Net in books and articles

From: Buford Terrell <terrell[_at_]sugar.neosoft.com>
Date: Fri, 29 Apr 1994 13:52:48 -0500

>(Posted to a group of authors originally; reposted here at the suggestion
>of one of 'em.)
>
>My contribution to the pile of Internet texts is finally "in press" and
>I'm trying to double check to ensure that I've got all the permissions
>I need.
>
>It occurred to me this morning that as the Net becomes more and more
>graphically-rich, samples from online documents may someday encroach
>upon the copyright of the authors/editors/info providers. Posting the
>root menu of a Gopher isn't real likely to offend its creator; showing
>a sample of an online document that's rich in graphical detail may
>become an issue. In some cases I can imagine the owner of a particularly
>image-rich Web page not wishing to see the page reproduced.
>
>In general I feel it's courteous to ask even if you believe fair use
>applies. In cases where one fails to ask, it's going to be interesting
>to see what the boundaries are. If I write a book on how to use Prodigy,
>let's say, and Prodigy refuses to cooperate (let's say because they
>might have their own book) to what extent can I use their graphical
>menus without their permission, in the interest of explaining how to
>use their service? Is there a distinction between menus and online art?
>
>In one chapter of my book the chapter author quotes several folks from
>mailing lists. We solicited permission in every case -- and received it.
>One person thanked us for asking, saying that other books and articles
>have quoted him, sometimes out of context, without even asking. (This
>issue has recently been batted around on the computer aided reporting
>list as well.) My feeling is it's probably *legal* to quote someone
>without permission, if the passage is brief, but it's rude.
>
>Without asking you to divulge trade secrets or to dispense legal advice,
>how are you all handling this question?
>
>/Rich Wiggins (_The Internet for Everyone: A Guide for Users and
> Providers_, due from McGraw real soon now)
>
><wiggins[_at_]msu.edu>

This sounds like the beginning of the second round of the recent thread on fair use. The difference is that Paul is asking us about a use that is obviously commercial in intent instead of the educational situations we have been discussing.

How does Souter's analysis of the economic impact factor apply here?

/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\

 Buford C. Terrell                             What I don't know
 Professor of Law                              isn't nearly as
 South Texas College of Law                    dangerous as
 1303 San Jacinto, Houston, TX 77002           what I think I know
 \/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/ Received on Fri Apr 29 1994 - 18:58:17 GMT

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