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Fair use in copyright??Views: 1030
Dec 10, 2008 3:54 pmFair use in copyright??#

Ritu
Currently I'm writing a research paper for publication in a research journal & I've copied some images off the internet to use in the research paper...does using a copyrighted image for research come under fair use (of course i'm citing the source from where i've copied) or does this fall under infringement of copyright??

Private Reply to Ritu

Dec 10, 2008 5:56 pmre: Fair use in copyright??#

SOEB FATEHI
if the images are copyrighted then it is an infringement.

research as the object of use is no exception unless explicitly stated by the owner of the copyright.

publication of the research paper in a journal compounds the issue if you are transferring any intellectual property rights or sharing the same with your publisher or offering a right to quote to your readers.

Private Reply to SOEB FATEHI

Dec 11, 2008 6:51 pmre: re: Fair use in copyright??#

Ritu
Thanks Soeb.

As such these images are not explicitly copyrighted but then I guess copyright is inherent in any original literary/artistic work ...in the sense that even if its not copyrighted it enjoys protection from infringement as such...these are images from newspapers & magazine sites & I've seen several researches using them just by quoting for example source : BBC & I kinda thought it's okay to do that.

Private Reply to Ritu

Dec 13, 2008 6:56 amre: re: re: Fair use in copyright??#

Urvashi Basak
Dear Ritu,

Your use of copyrighted images of the internet for use in your research will come within the ambit of fair dealing as laid down in Sec. 52 (a) of the Copyright Act, 1957.

Sec. 52 of the Copyright Act exempts certain acts from infringement of copyright.

Sec. 52 Certain acts not to be infringement of copyright-

(1) The following acts shall not constitute an infringement of copyright, namely:-

(a) a fair dealing with a literary, dramatic, musical or artistic work [not being a computer programme,] for the purposes of-
[private use, including research];

What is or is not a fair dealing depends upon the circumstances of each case. In determining the issue of fair use, the court considers the following:-

1) the nature, scope and purpose of the works in question;
2) the extent, relative value, purpose and effect of the material appropriated;
3) intent



Private Reply to Urvashi Basak

Dec 14, 2008 6:15 amre: re: re: re: Fair use in copyright??#

SOEB FATEHI
Ritu -

1. important - are you transferring any rights for your paper to your publisher - even implicitly by permission to publish?

"publication of the research paper in a journal compounds the issue if you are transferring any intellectual property rights or sharing the same with your publisher or offering a right to quote to your readers."

2, is your research a private one? or is it towards a university sponsored / supported program? or is it towards a corporate sponsored / commissioned effort?

3. will your research findings and thus generated inferences never be used for any commercial purpose or gain? do you know that it may never be thus used without your knowledge by your university, sponsors, readers, publishers?

4. even if you have distributed it without charge and the publishers, sponsors, university of readers use it without commercially charging for it but it is established that it can or does cause harm or loss in value to the owner of the copyright then there is a very fair chance that the courts may rule against you.

the doctrine of fair dealing has very wide implications and the matter can extend beyond the limited scope of copyright into the nature of the contract between the researcher and the publishers and sponsors if any.



read also -
http://w2.eff.org/IP/eff_fair_use_faq.php
http://www.ipfrontline.com/depts/article.asp?id=18016&deptid=6&page=1
http://www.mondaq.com/article.asp?articleid=70858




Private Reply to SOEB FATEHI

Dec 14, 2008 10:36 amre: re: re: re: re: Fair use in copyright??#

Urvashi Basak
Dear Ritu,

What Soebji has written should be taken into consideration while using copyrighted images off the internet for your research work but please note that the question of fair dealing or fair use does not arise unless there has been reproduction, for there must be reproduction of a substantial part of a work to constitute infringement. Reproduction of a small part, which is not a substantial part of the infringed work is not conclusive of infringement, for it is permitted. It must be shown that reproduction has been made to an unfair extent, that is, it is of a substantial part of the infringed work. Moreover, as regards my above three points that a court usually considers for determining the issue of fair use I'll also like to add that:

1. if the nature, scope and purpose of your work and the alleged infringed works are similar, they may be regarded as competitive; if so your work will interefere with the sale and diminish the profits of the alleged infringed works and thereby cause substantial injury to the owner of the copyright in the latter work; if however they are different in nature, scope and purpose, you will have the liberty of making quotations, taking extracts from the work in which copyright subsists;

2. the court will consider the quality, rather than the quantity, of the appropriated material;

3. although intent is not material for infringement of copyright, yet it is an element that the court considers for determining the question of fair use.

Private Reply to Urvashi Basak

Dec 14, 2008 12:24 pm Fair use in copyright??#

SOEB FATEHI
Well explained Urvashi.

Regarding defense by using intent as an element for consideration by a court - not by way of contest to what you say but for learning better, I ask - do you know of a precedent?

Also i add - images if in the form of statistical graphs, tabulated data, etc. are frequently used to substantiate contentions and should not be treated unfavorably.

BTW Ritu - what is this research you are engaging yourself in? Missiles? Nanotechnology? . . . keen to know

Private Reply to SOEB FATEHI

Dec 14, 2008 1:14 pmre: Fair use in copyright??#

Ritu
Thanks a lot Urvashi & Soeb for the inputs...now that copy & paste of images aint an issue my task is easier...what is RE-search without copy n paste afterall?? Now that Urvashi has confirmed that it is indeed fair use I guess I'll copy n paste more freely ;-)...

Soeb there's no particular fear of anybody reusing something from my paper 'cos in I don't think anybody's gonna read it in the place...I don't read anyone's research papers n i don't have any reasons to suspect that someone will be interested in mine...it's something i'm doing only cos I HAVE TO. In the hallowed halls of academia this is what one suppossed to do...bring out meanngless research papers...there was a cartoon where a guy was saying all our research confirms that 1+1 =2...which pretty much sums the research scene these days...my research paper is 'The impact of subprime crisis on Unemployment rates, interest rates....blah blah blah in the US economy'...whatta joke even though I'm saying so myself...it doesn't take a rocket scientist to figure out that a crisis results in escalation in unemployment rates...even a fifth grade student can see that n say that but n sir here we have to conducha research to conclude...surprise!!! Subprime cisis=job losses.

Private Reply to Ritu

Dec 14, 2008 1:33 pmre: re: Fair use in copyright??#

SOEB FATEHI
with Vijay's permission . . . all the financial mess at the last root of all roots is due to :-
1. debt culture
2. overtrading
3. hedging

and the root of all these is :-
uncontained human greed


back to the rights to copy and protection of photo copiers . . . .

Private Reply to SOEB FATEHI

Dec 14, 2008 7:16 pmre: re: re: Fair use in copyright??#

Ritu
Re-searchers are extremely hurt if you call them photo copiers. Re-search is very respectable you see...ek dau images idhar udhar se borrow kar lete hai tau kya hua..

Soeb I would like to add a few more causes in addition to those you have mentioned--

~Alan Greenspan's policy of maintaining interest rates at very low levels which encouraged people with sub-prime records to borrow n create mortgages in the hope that they would be able to refinance these mortgages at equally low levels...but interest rates rose subsequently n spoilt the party which people thought would go on forever.

~ The Govt's desire to make the American dream true even for those who couldn't afford to...n the mandate to the banks to make such (sub-prime) loans.

~Predatory loans--Higher cost loans extended to borrowers who could have qualified for lower cost loans &
Teaser rates and prepayment penalties.


Isn't it ironical that hedging which is risk management led to creation of so much risk in the market that the entire thing imploded n collapsed??

Private Reply to Ritu

Dec 15, 2008 10:08 amre: Fair use in copyright??#

Urvashi Basak
Dear Soebji,

There are a number of English and American copyright cases, precedents in themselves which Indian High courts and the Supreme court have been exceedingly referring to decide issues relating to infringement of copyright in works and also the concept "fair dealing"/"fair use".

There are also a few english commentaries (considered conclusive) on the abovementioned issues which the courts refer to frequently while deciding these.

Private Reply to Urvashi Basak

Dec 15, 2008 12:07 pmre: re: Fair use in copyright??#

SOEB FATEHI
yes Urvashi i understand. can you point me to some references for me to learn more. thanks in advance for your help.

Private Reply to SOEB FATEHI

Dec 16, 2008 8:10 amre: re: re: Fair use in copyright??#

Urvashi Basak
Dear Soebji and Ritu,

I'll certainly send you the names of some cases where the issue of fair use has been dealt with. And Ritu I'll advise you to quote the source wherefrom you will be using the images for your research papers.

Private Reply to Urvashi Basak

Dec 16, 2008 5:33 pmre: re: re: re: Fair use in copyright??#

Ritu
Thanks a lot Urvashi..that would be swell...maybe I could write a research paper on this too..on the fair use of copyrights...perhaps I could collaborate with you n we could write it jointly...though i dunno if real lawyers are interested in such things...but research papers have been giving me nightmares ever since i joined teaching fulltime.

Private Reply to Ritu

Dec 17, 2008 8:23 amre: re: re: re: re: Fair use in copyright??#

Urvashi Basak
Dear Ritu,

I'll be glad to help you out with your research on "fair use" of copyright! Anytime!

Private Reply to Urvashi Basak

Dec 17, 2008 4:57 pmre: re: re: re: re: re: Fair use in copyright??#

Ritu
Thanks a lot Urvashi...I was wondering if we could jointly come up with a paper 'A critical study of what constitute fair use in copyrights'or something like that by Uravashi Basak n Ritu Khabia n get it published in some law journal...I promise i'll do all the rookie work, you give the guidance.

Private Reply to Ritu

Dec 18, 2008 2:06 amre: re: re: re: re: re: re: Fair use in copyright??#

SOEB FATEHI
and also jointly mention that the friendly neighborhood
devil's advocate forced deeper research to made the
paper happen . . . . . .

Private Reply to SOEB FATEHI

Dec 18, 2008 5:52 amre: re: re: re: re: re: re: Fair use in copyright??#

Urvashi Basak
Dear Ritu and Soebji,

This research paper will be pretty interesting apart from the topics that Ritu has been researching on pertaining to her field till date. I promise! When do we start Ritu?

Private Reply to Urvashi Basak

Dec 18, 2008 10:59 pmre: re: re: re: re: re: re: re: Fair use in copyright??#

Ritu
Urvashi let the fun begin right away! I'm so super excited that you are game for a research paper with me! So you gimme some cases to scan through so that we can begin?? But before that lotsa other questions relating to copyrights & other Intellectual property rights are popping up in my head, which i'll ask in another thread, hope you won't be hassled answering soooooooooo many question.

Soeb I hope u'll continue playing a role on an ongoing basis n ofcourse you gonna be acknowledged.

Private Reply to Ritu

Dec 19, 2008 6:10 amre: re: re: re: re: re: re: re: re: Fair use in copyright??#

Urvashi Basak
Ritu,

Before jumping onto the bandwagon, let's work out the modalities of the game.And also where do you propose to get the research paper published. In addition what will be the results of the research and publication of the research paper. For that you need to talk to me personally instead of both of us posting messages here randomly.

Private Reply to Urvashi Basak

Dec 22, 2008 1:54 amre: re: re: re: re: re: re: re: re: re: Fair use in copyright??#

Ritu
Dear Urvashi,

There are no specific modalities involved in a research ...if two or more ppl decide to do it together...they research the topic, write & collate the writing n voila there's a research paper which can be published in one of the numerous research journal floating around ( n one doesn't get no money for all this...one does it for credit..Ms so n so has blah blah research papers to her credit)...thats it...but you sure are talking like a real lawyer :-) which only goes to show that only academics should be condemned to write them.

:-)

Private Reply to Ritu

Dec 22, 2008 9:12 amre: re: re: re: re: re: re: re: re: re: re: Fair use in copyright??#

Urvashi Basak
Dear Ritu,

Please don't take it otherwise. But we need to meet/talk over the phone for the initialization and subsequently take-off of this project! Where are you based?

Private Reply to Urvashi Basak

Dec 23, 2008 2:21 pmre: re: re: re: re: re: re: re: re: re: re: re: Fair use in copyright??#

Ritu
Yo! you are right, time to move from public domain to private domain! Will get in touch with you soon (as soon as I wind up my research paper on subprime...it's almost finished).

:-)

Private Reply to Ritu

Dec 23, 2008 2:50 pmFair use in copyright??#

SOEB FATEHI
shift off public domain and deny us an opportunity to learn so much about how to carry on collaborative research and get published . . . . sigh . . . unfair world . . .

Private Reply to SOEB FATEHI

Dec 24, 2008 4:39 amre: re: Fair use in copyright??#

Ritu
Soeb I go about the business of a collobarative research by setting up a seperate (shared)google account for each paper n use google documents with seperate folder for each contributor n one folder for collated results...

for publication..most B-schools have research journals n are always on a lookout for research papers ..my own B-school(I mean where i'm currently working) has an International journal...so soon I'm going to be an internationally published researcher :-O ...n sometimes they even pay a princely sum of Rs 500 a paper but sometimes we need to pay for getting ourselves published!! Write a paper n also pay!! But noone seems to mind, we don't let a few bucks stand in the way of mad pursuit of having as many papers published as is possible!! For the copyright one I was planning to do a well researched article n send it to The Chartered Secretary (the journal of ICSI)

N I guess though I keep complaining abt the research work. I'm turning out to be quite prolific...I'm working on quite a few papers on Subprime, NPAs,Buddhist-economics...you name it n i'll research it...I guess you can gimme some more ideas to work on n if I'm lucky maybe u'll do a paper with me.
:-)

Private Reply to Ritu

Dec 24, 2008 5:55 amre: re: re: re: re: re: re: re: re: re: re: re: re: Fair use in copyright??#

Urvashi Basak
Fair enough Ritu. I'll wait for the day when you finally decide to take the plunge.

Private Reply to Urvashi Basak

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