[Sigia-l] (off topic) book question

Jonathan Heron jonathanheron at mac.com
Mon Apr 15 14:35:18 EDT 2002


> On 15/4/02 7:13 PM, "Ziya Oz" <ZiyaOz at earthlink.net> wrote:
> 
>> > "PeterV" wrote:
>> > 
>>> >> when I use a website to illustrate something in a book,
>>> >> do I need to ask their permission? Should I?
>> > 
>> > In what country are you legally covered?
>> > 
>> > If it's the U.S., this clearly goes under fair use. You then need to
>> > consider whether your usage (length, purpose, etc) falls fully under fair
>> > use. Unless you're doing something nefarious, I can't imagine it wouldn't.
>> > Instead of wasting time chasing every possible website you're covering, I'd
>> > pay an IP lawyer his $250 to just go over possible red flags.
> 

If the intended usage doesn¹t constitute fair use, you need to be careful of
who you get permission from. The copyright for various elements of a web
page may reside with different people (designer of the site, content author,
designer of the company¹s logo etc ad infinitum). Indeed it is possible that
some elements can be reproduced and covered under fair use, while other
elements are not. It can also get complicated because some people may not
really know with whom the copyright lies (I¹ve found clients often assume
that paying for design work means that the own the copyright, which isn¹t
the case).

In short, it can get so damned over-complicated that I¹d agree with ZiyaŠ
talk to an IP lawyer. Fortunately though most people/companies are
good-natured enough to overlook most Œminor¹ IP violations.

FWIW, there¹s some good (though long-winded as it was written for print)
information on IP on the DesignIreland site
(http://www.designireland.ie/resources.asp?cid=166). It relates to Irish IP
law, but much of it is relevant to IP laws in other countries.

regards,

Jonathan Heron
Graphic Design | Information Architecture




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