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Copyright on texts/novels for TES authors

Discussion in 'Tes Authors' Group' started by EnglishThings, Feb 16, 2017.

  1. EnglishThings

    EnglishThings New commenter

    Hello All

    I've found information and sources relating to images, but I can't seem to find a clear answer as regards texts. I've seen a number of resources for sale that use sections of novels to base their tasks/questions on, usually relating to AQA English Language. I have similar materials that I've used with my classes, but I was wondering how I'd stand using sections of a novel with lessons I'm selling as a TES author. Can anyone tell me what the law says please?

    Thanks,

    EnglishThings
     
  2. thinkypublishing

    thinkypublishing Occasional commenter

    This may help: https://www.nolo.com/legal-encyclopedia/fair-use-rule-copyright-material-30100.html

    I would think highlighting a paragraph would be OK but essentially the resources would need to assume that students are able to access a copy of the entire text. If instead you were providing whole sections of text that meant a resource could be used without needing to own a copy of the book you're not likely to fall under the fair use thing.

    I wouldn't Base any decisions on what you see of other resources on here as so many are in breach of copyright.
     
    mrajlong likes this.
  3. Tes_Natalie

    Tes_Natalie New commenter

  4. EnglishThings

    EnglishThings New commenter

    Thanks Thinky and Natalie

    So, from what I can gather, if I used three paragraphs from a novel (referenced the author) and no more, that would seem to go under "fair dealing". I say this because it would in no way undermine the novel as far as I can see. Would you agree?

    Again, thanks for your reply,

    EnglishThings
     
  5. thinkypublishing

    thinkypublishing Occasional commenter

    Depends on the length of the novel... and whether it's the last three paragraphs of the book :D

    I'd have thought three consecutive paragraphs would be questionable but three from different parts of the book should be OK.

    If you want to be properly covered you can always contact the publisher and check they're happy.
     
    mathsmutt and cate_h like this.
  6. EnglishThings

    EnglishThings New commenter

    Thanks Thinky!

    EnglishThings
     
  7. nick_redshaw

    nick_redshaw Occasional commenter

    Generally, under creative commons allowed to use small amounts (best to reference, just the name and date - no real need for a reference section or change it a bit). Worst case scenario - If anyone ever gets in touch with you work out the % of their material you have used times that by what you are charging - probably work out a a couple of pence and make them an offer.

    Also join the Publishers Licensing Society (not sure if we (TES Authors) can yet....think its based on ISBN tracking) we (me and Beth) are due to the 70+ books we have written - they then collect money from schools - based on the audit of books the schools use and pay you royalties every year (don't leave your day job - this year was about £110 - again take the % principal above - if someone gets in touch you probably don't owe them thousands BUT if you have sold 1000's who knows - its like TAX if you've made the money you owe the money..)
     
  8. thinkypublishing

    thinkypublishing Occasional commenter

    Note that Creative Commons is a choice though. All books are subject to copyright. Some *may* use Creative Commons or similar to grant rights to others.

    I don't think the - just do it and if a copyright holder complains you might be able to agree some compensation approach is good advice. In fact I think it's a very disrespectful one, particularly from another author.
     
  9. mathsmutt

    mathsmutt Star commenter

  10. MissHallEnglish

    MissHallEnglish Occasional commenter Forum guide and community helper

    I've reported several resources by a variety of different authors for copyright infringement. Selling the work of others (including publishing houses and exam boards), without permission, is simply not acceptable. The little 'check box' in the upload process, quite frankly, doesn't cut it.
    The more users who report copyright infringement, the better AND it will give TES a clearer picture of who's uploading what and where to spend their resources in trying to combat this issue. The blatant infringement of some authors, discredits the excellent resources created by others.
     
  11. mrajlong

    mrajlong Established commenter

    Reported it - still there! Someone passing off resources from a free website as their own and charging for it. Reported it. Told it had been passed to whoever. Also reported same author for use of copyrighted images - still nothing. So, I wonder what the point of reporting is?!?
     
  12. MissHallEnglish

    MissHallEnglish Occasional commenter Forum guide and community helper

    It's so frustrating to see, especially when you've done your bit and reported it @mrajlong. I personally won't stop reporting resources I believe to be infringing copyright; I feel like we're having to do a bit of firefighting to cut through the resources that don't deserve to be there, if the resource is removed - it's a little win for the dedicated authors out there. I can only imagine how many resources are uploaded daily; there's no denying it's a monumental task to monitor and control, however, there has to be a better way!
     
    englbee, mathsmutt and mrajlong like this.
  13. mrajlong

    mrajlong Established commenter

    It is frustrating considering how careful I am with images etc. and the spare time I sacrifice to do this (a lot!!!) to then see someone chancing their arm with little to no effort or thought. Hopefully, they're not selling anything :)
     
    mathsmutt and thinky like this.
  14. thinkypublishing

    thinkypublishing Occasional commenter

    I agree. It's in our interests for TES to have a good brand image.
     
  15. krisgreg30

    krisgreg30 Occasional commenter

    So easy to make sure images are free to use on google as well, takes a few seconds to change the options so that only shows ones available for commercial use.
     
  16. studeapps

    studeapps New commenter

    Be a little careful with this, Google sometimes marks images as available for commercial use but further investigation can reveal that they are not.
     
    krisgreg30, mrajlong and wanet like this.
  17. EnglishThings

    EnglishThings New commenter

    Thanks everyone--I'm fine with images and to deal with the text issue, I decided to create my own. All responses appreciated.

    EnglishThings
     

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