[Sigia-l] Site Critique Permissions

[Broad, Jonathan]

DMCA? Well, whatever you do, don't use that evil reverse-engineering utility
built into most browsers called "view source".  

That illegally thwarts the anticircumvention device known as the "rendering
engine". ;)

Jonathan
------------
Jonathan Broad
Information Architecture/Content Management
Citizen Portal Project Development Team 


> -----Original Message-----
> From: sigia-l-admin at asis.org 
> [mailto:sigia-l-admin at asis.org]On Behalf Of
> Frank Siraguso
> Sent: Friday, May 17, 2002 10:56 AM
> To: Tal Herman; SIGIA
> Cc: Maribeth Sullivan
> Subject: RE: [Sigia-l] Site Critique Permissions
> 
> 
> How does the DMCA affect this?
> 
> Frank Siraguso
> 
> -----Original Message-----
> From: Tal Herman [mailto:therman at seralat.com]
> Sent: Friday, May 17, 2002 10:50 AM
> To: SIGIA
> Cc: Maribeth Sullivan
> Subject: RE: [Sigia-l] Site Critique Permissions
> 
> 
> This question has definitely come up before and has at least 
> two correct but
> very different answers, with many shades between the two.  I 
> present both
> answers in very simplified format.  There are very complex 
> issues involved
> here and great debate amongst those who make this area of the 
> law their
> business as to the bounds of copyright law both as a matter of law and
> public policy.
> 
> Answer #1: You should always get permission.
> 
> Relying upon a vast simplification of US copyright law, 
> website content and
> design elements are all copyrighted by someone who may or may 
> not be the
> actual owner of the website.  No specific notice of copyright 
> ownership or
> claim is necessary for this to be the case.  Regardless of 
> who owns the
> copyright (the website owner or a third party whose work is 
> displayed by
> license on the website), you have no general right to use that content
> and/or design for your own purposes without permission of the 
> copyright
> owner(s).  There are exceptions to this rule (see Answer #2 for one of
> them), but for the most part, in order to be safe many people 
> will advise
> you to get permission to use any content or design elements 
> in your own
> work.
> 
> Answer #2
> 
> There is an affirmative defense to claims of copyright 
> infringement called
> 'fair use.' According to this doctrine, you may make use of 
> limited portions
> of someone else's copyrighted materials for criticism and commentary
> purposes.  Your situation may be a little muddied by the fact 
> that you might
> also be using these critiques for commercial purposes, but 
> that isn't clear
> from your e-mail.  The University of Texas system actually 
> has a pretty good
> summary of some of the major fair use issues on their website at
> <http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm
> > (check about
> 2/3 of the way down the page for the baseline fair use factors).  Many
> people would urge you to rely upon the fair use doctrine and 
> feel free to
> use limited design elements or numbers of screenshots from 
> websites without
> requesting permission first.
> 
> I fall somewhere closer to the Answer #2 side of the equation 
> personally,
> but this is something that you will have to decide on your 
> own or with the
> help of a knowledgable copyright lawyer.
> 
> Tal
> 
> tal herman||||||||||||||||||||||||||||||||||||
> therman-at-seralat.com||http://www.seralat.com
> ||||||||||||||||||||||||||||||||||||||||||||||
> 
> -----Original Message-----
> From: sigia-l-admin at asis.org 
> [mailto:sigia-l-admin at asis.org]On Behalf Of
> Maribeth Sullivan
> Sent: Thursday, May 16, 2002 7:26 AM
> To: SIGIA
> Subject: [Sigia-l] Site Critique Permissions
> 
> 
> I'm sure this topic was touched on at some point, but can't 
> seem to find it
> in the archives (it may have been tangential to other 
> discussions): When
> publicly deconstructing websites or publishing critiques with 
> screenshots of
> company websites to illustrate good or bad web design 
> elements, what sort of
> permissions should be obtained?
> 
> What are the ethical considerations? What are the legal 
> considerations? Does
> it make a difference if your publication is a book, white 
> paper (free or for
> sale), website article or blog?
> 
> Maribeth Sullivan,
> Information Architect
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> 
> 
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> Content Management Symposium, Chicago O'Hare Marriott, June 28 - 30.
> See http://www.asis.org/CM
> 
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> See http://www.asis.org/CM
> 
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