Ask questions via twitter! Message any question to @answers on twitter. We'll publish the question and send you a reply each time there's a new answer.

Warning About Intellectual Property Law Questions


 

Mahalo Answers is a great place to start your research into Intellectual Property Law questions, but it's not the final answer.

Mahalo Answers is not a substitute for informed professional advice. If you desire or require professional advice, please consult a qualified provider who is licensed in your state or country. You should always seek independent professional advice before acting on any opinion, advice, or information available on Mahalo Answers.

 
 


Next Question

Answered Question

 
M$2 May 11, 2009 01:00 PM

Is it legal to display a blurred/unreadable thumbnail image of a copyrighted scientific publication on a website?

I am working on a research project and I want to show researchers the region of a page from a scientific publication that has been annotated by another researcher.

I am hoping to generate a thumnail sized image of the page at a very low (unreadable) resolution and overlay the annotation on that image.
The thumbnail only gives the user an idea of where on the page to look.

I will have access rights to the publication, but those using my service may not have access rights to the publication.

Anyone know if this is legal?
Interesting Question?  Yes (2)   No (0)   

Interesting: interzone, mattb4rd

RSS
 
 

Best Answer  Chosen by Asker

 
May 11, 2009 03:02 PM
I believe what you propose would qualify as a fair use, and probably would do so even if the image was somewhat readable. (i.e. If it's readable but what you can see is not of much value in itself, because it's too small a piece of the material.)

There can be a number of factors that determine what counts as fair use, but some of the ones that are relevant here are:

- Are you using the extract for purposes of review or commentary?
- How big a piece are you using?
- Is your version at all a viable substitute for the original?
- Does it reduce the market value of the original or the income of its owner?

If the extract is not enough to have value in itself but only serves to show people where to look, it's likely to pass these tests.

In the circumstances you're not likely to be sued, and you even if you are you have a good defense on the grounds of fair use.

Learn more about fair use here:

http://uk.youtube.com/watch?v=CJn_jC4FNDo

http://fairuse.stanford.edu/
Asker's Rating:
• Thank you for the very helpful answer!


Tags: law, fairuse, copyright

Helpful Answer?  (4)   (0)   

Helpful: mattb4rd, cypheron, brian san, hcp56

Tip philipy for this answer
Permalink | Report
   Reply  
 
 
 
May 11, 2009 11:19 PM
Thank you for the excellent answer and for the video!

Report
 
 

Other Answers (5)

Sort By
 
May 11, 2009 01:21 PM
I'm not certain about the legality of what you want to do, but common sense dictates that if you can't read the document, then the copyright has not been violated.

Unfortunately, common sense doesn't always prevail. If possible, why not use a generic or non-copyrighted document to show your audience where to look?

If the formats are similar, you might be able to accomplish your goal and provide the necessary information to your reader without compromising your ideals.
Source(s):
personal intuition


Helpful Answer?  (1)   (0)   

Helpful: interzone

Tip mattb4rd for this answer
Permalink | Report
   Reply  
 
 
 
May 11, 2009 01:32 PM
Thanks for your answer. The service I working on requires the ability to annotate copyrighted publications in some cases.

I would like to use the blurred images because it makes it easier to figure out where to look in the actual publication (for those who have a legal copy of the full publication)

The alternative is to just show a blank image and overlay the region of the annotation.

But if it is not a legal issue, it would be much better to use the blurry image. Using similar format documents doesn't help unfortunately.

Report
 
 
 
May 12, 2009 08:10 PM
Technically yes it is illegal. In the UK you would be breaking the mechanical copyright protection laws, and breaching the copyright of the owner of the image that you are using.

However, the question is really about risk. What is the risk that the owner of the work will ask you to stop doing this? Are you doing them any actual damage or loss?

In tort law there has to be a 'wrong' i.e. some kind of pain, damage or other loss that is suffered by someone in order to be sued by them.

If it is blurred, and you are not claiming you wrote it, and are not using it in a defamatory context, then you aren't doing anyone any damage.

Providing you're not causing any loss or damage, the worst that they can do is ask you not to show it.

Best bet is to notify the owner of the work to let them know you intend to use it in this way and push the positive benefits of you doing so i.e. you will properly accredit it, and will in effect be promoting it.

If you don't get a reply, go ahead and use it. You've then covered yourself and given them an opportunity to object.
Source(s):
None. Just general knowledge of tort law having worked in the English Court of Appeal.


Helpful Answer?  (0)   (0)    Tip poleydee for this answer
Permalink | Report
   Reply  
 
 
 
May 14, 2009 10:16 PM
Thank you for the useful answer.
About notifying the owner, unfortunately the application is designed to allow annotation of any publication in the PubMed database, so notification would not be possible. I am fairly confident that the application is fine. And as you stated, if there is a problem with an application, I can just remove the image and a blank image instead.

Report
 
 
 
May 12, 2009 08:27 PM
If it is for a non-commercial academic use, then your reference likely falls under a "fair use" exemption in copyright. You are using it to reference the material itself rather than resell it commercially.

Helpful Answer?  (1)   (0)   

Helpful: brian san

Tip ryanalexander for this answer
Permalink | Report
   Reply  
 
 
 
May 13, 2009 02:04 AM
On its face, the image would likely be a derivative work. http://en.wikipedia.org/wiki/Derivative_work

One would need the original work's author's permission to make the derivative work (otherwise, the derivative is an infringement).

Whether you could argue that the image was a fair use (discussed in the above wikipedia link) or whether another defense is available would depend upon the facts.
Source(s):
http://en.wikipedia.org/wiki/Derivative_work


Helpful Answer?  (1)   (0)   

Helpful: brian san

Tip jurisnipper for this answer
Permalink | Report
   Reply  
 
 
 
May 13, 2009 04:27 PM
If you are using it solely for education, then you should be fine. As per 17 U.S.C. 107, copyrighted materials have a "teaching" exception. To qualify, four factors must be addressed
1. Purpose and character of use, including whether this is commercial or non-profit.
2. Nature of copyrighted work.
3. Amount and substantiality of the portion use in relation to the whole copyrighted work.
4. The effect of the use on the potential market.

If you are solely using this for education, you should be fine. However I would still recommend you contact an IP attorney in your state or region to double check

Helpful Answer?  (1)   (0)   

Helpful: brian san

Tip dimitrykaplun for this answer
Permalink | Report
   Reply  
 
 

Answer this Question

How tips and payments work

This question has already been resolved. You may add an answer to it but you will not be eligible to win best answer or any associated tips.

Ask a Question


140 characters left
Top of Page
Buy Mahalo Dollars with Credit Card or PayPal

Top Members

This Week All Time
  • cfinke
    cfinke
    2nd Degree Black Belt
    29426 Points
    M$29.75 Earned
  • bunnyphuph...
    bunnyphuph...
    2nd Degree Black Belt
    22074 Points
    M$803.24 Earned
  • opher
    opher
    Purple Belt with a Brown Tip
    6882 Points
    M$359.74 Earned
   See All
 

Most Popular Tags

mahalo(1839)
music(527)
iphone(496)
google(398)
online(382)
food(363)
money(306)
beer(299)
movies(299)
apple(265)
health(238)
video(236)
aotd(235)
free(232)
dog(219)
travel(215)
   See All
 

Categories

Welcome New Members


 
 
Mahalo Dollars are the currency of Mahalo Answers.

Each Mahalo Dollar costs $1.

Once you earn more than 40 Mahalo Dollars, you can request to be paid via PayPal. Each Mahalo Dollar is currently worth $0.75 when paid out via PayPal. Learn More

 
 

Please log in to use this function.