Warning About Intellectual Property Law Questions
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?
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?
- In Intellectual Property Law |
- Tags: thumnailimage, legality, research |
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Best Answer Chosen by Asker
| May 11, 2009 03:02 PM |
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/
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• Thank you for the very helpful answer!
Tags: law, fairuse, copyright
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Helpful: mattb4rd, cypheron, brian san, hcp56
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brian san
May 11, 2009 11:19 PM
Thank you for the excellent answer and for the video!
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Other Answers (5)
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
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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.
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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.
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.
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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.
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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.
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
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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
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