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Copyright - using authentic material

Discussion in 'Tes Authors' Group' started by AnaCaesar, Mar 6, 2017.

  1. AnaCaesar

    AnaCaesar New commenter

    Hi everyone,

    I am new to TES and I am very pleased to discover it. I am studying to be a professor of French and a lot of the resources I wish to upload are based on authentic materials. So my questions are this:

    Can I use an entire song lyrics in one of the resources?
    Can I use an interview from an online woman's magazine?
    Can I use print screens of YouTube videos?

    Thanks for your answers.
  2. thinkypublishing

    thinkypublishing Occasional commenter

    mathsmutt likes this.
  3. studeapps

    studeapps New commenter

    You've got to be very careful using other people's work. I wrote something http://studeapps.com/free-images/ about the topic, but generally speaking you should shy away from using anything that someone else has produced unless you have permission to do so.
    mathsmutt likes this.
  4. AnaCaesar

    AnaCaesar New commenter

    Sorry for the late respond. Thank you very much, both of you. Will definetely check out the links you provided. :)

    When it comes to song lyrics and interview I was quite sure that is probably the case.

    But now when it comes to screen print - firstly, a lot of times journalists make screen prints and sign themselves as authors (this being one ex. www.google.si/amp/s/amp.theguardian.com/commentisfree/2017/feb/15/youtube-pewdiepie-thinks-death-to-all-jews-joke-laughing-yet). And secondly, I read that one could use f. ex. a few lines from a novel and a couple of stancas from a song - as long as that means, that you do not give away the entire work, so it isn't necessary to buy it.

    Could you apply the same logic here? Print screen doesn't usually give away the entire content of a video.
  5. thinkypublishing

    thinkypublishing Occasional commenter

    I think journalistic purposes are slightly different to commercial (and educational). Each of those arguably have crossing motives but anything you create to be sold on here is for the purposes of your own profit.

    Best case scenario - nobody notices (or minds). Next best case - somebody complains and you have to redo your work and remove the parts you don't own or have the rights to use. Worst case - somebody makes a claim against you and you have to deal with it legally.

    As far as I understand legally a film is simply a series of still images and therefore all of the images within a film would belong to the creator. Therefore taking one of those images would require the same permissions as taking a photograph from a website.

    I guess where it gets tricky would be that if you were to take a photo of your computer (and what it displays) that photo would belong to you. I don't know if the same could be argued for using a screen capture. Possibly this has already been dealt with in some legal case but I don't know.

    Seems a lot simpler to contact the author and ask for their permission. Failing that, create your own.
    mathsmutt and TheGingerTeacher like this.
  6. AnaCaesar

    AnaCaesar New commenter

    You are right, I haven't really thought of it like this. Maybe I will contact the author for the video - it was a sort of commercial, it was not really artistic work in that sense, so maybe they could consider it as a way to get more views, but not being financly damaged.

    Merci beaucoup et bonne journée. :)
  7. thinkypublishing

    thinkypublishing Occasional commenter

    Hopefully :)
  8. LessonChest

    LessonChest New commenter

    As thought, with videos, I wonder if embedding counts as it just uses the hyperlink. Surely hyperlinks cannot be copy-righted material and as it plays from source, it should be fine?
  9. studeapps

    studeapps New commenter

    I think it is a legal technically. I'm thinking about the peer-to-peer services for downloading movies, they do not host the work just the links to it. Are they legal?

    If you create a product that relies on a link, arguably you are selling their work. It is tricky, but take down notices are not nice to receive and do you have the resources to fight something like this and (importantly) would TES stand behind you and the resource.
  10. studeapps

    studeapps New commenter

    I'm not a legal expert, but talking a photograph on your computer does not mean that you suddenly gain the copyright for the work. If this were true I could set up a camera in front of my TV and rebroadcast the feed as my own.

    Or the following would not be possible: http://www.dailymail.co.uk/travel/t...er-night-sharing-images-Facebook-ILLEGAL.html
  11. thinkypublishing

    thinkypublishing Occasional commenter

    I didn't suggest you could claim the copyright to other works within the photograph.

    You would however own the rights to the photograph.

    That doesn't mean you could then use that photograph for commercial purposes if it included copyrighted work by others. I expect that would be a matter of judgement which goes back to the original point: either get permission, or create your own works.

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