Re: Publishing on WWW

Jay Linden (jjlinden@gold.interlog.com)
Wed, 28 Dec 1994 12:41:47 -0800

At 05:15 PM 12/23/94 CST, jcam@internos.com wrote:
><---- Begin Included Message ---->
>In my view, one cannot make use of screen shots of web pages or gopher sites
>without the author's permission unless they fall within the fair use
>exception to this prohibition.
>Lewis Rose <---- End Included Message ---->
>
>I'd be very interested in your response. In general much of the use of site
>screen shots is for promotional purposes (of the presenter), either directly
>or indirectly.

The argument is that it is still the property of its creator, and only
available for free use in its intended context (ie. while visiting the
web page).

This is certainly the argument which stands up in court in most countries
I know of, including Canada and the U.S.

If you're making a film, and you show people onscreen watching a McDonald's
commercial on TV, you'd better believe you need McDonald's permission to
use that tape.

>
>Of course, from a strictly practical view point, the degree of work required
>to get permission from owners could discourage people from trying. Moreover,
>because the likelihood in many instances of getting caught in the first place
>are small, I would think many violators would simply ignore the issue.

People do illegal and immoral things all the time without being caught.
But they are still stealing the works of the copyright owner.

>
>An ironic twist in all of this is that if your home page is getting a lot of
>press in seminars and training courses, it could be good for business.

That is true. And that is why, in most cases, a company would be happy
to grant permission for usage with limitations (ie. for your training
course, absolutely. Just don't use my images for other commercial
purposes without negotiating a fee.).

As a PR person, largely in the entertainment industry, I've had no
problems getting permission (and footage) from one TV station for use in
a news item on another station, generally in exchange for a courtesy
credit (ie. "footage courtesy of Station B"). For a variety or talk show
(as opposed to news), that footage is still available, but usually for
a fee, which I'm glad to negotiate, and which Station A (or my client)
is usually glad to pay).

But I'd hate to be in the middle of the fallout if I ever tried to push
that footage to Station A without permission. It's not worth it, even if
there were only a slight chance of being caught.

Jay Linden Phone: (416) 510-8948
Toronto, Canada Fax/Modem: (416) 510-8949
PR & Media Relations/Writing/Research email: jjlinden@gold.interlog.com
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