In Europe, we have the reference of Berne Convention article 10 the use of illustrations for teaching for the Protection of Literary and Artistic Works but Gaia Online is from CA. http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html#P144_26032 Article 10 Certain Free Uses of Works: 1. Quotations; 2. Illustrations for teaching; 3. Indication of source and author (1) It shall be permissible to make quotations from a work which has already been lawfully made available to the public, provided that their making is compatible with fair practice, and their extent does not exceed that justified by the purpose, including quotations from newspaper articles and periodicals in the form of press summaries. (2) It shall be a matter for legislation in the countries of the Union, and for special agreements existing or to be concluded between them, to permit the utilization, to the extent justified by the purpose, of literary or artistic works by way of illustration in publications, broadcasts or sound or visual recordings for teaching, provided such utilization is compatible with fair practice. (3) Where use is made of works in accordance with the preceding paragraphs of this Article, mention shall be made of the source, and of the name of the author if it appears thereon. El 10/07/2012 23:22, "AureA Memotech" <aurea.memotech@gmail.com> escribió:
Article 10
Certain Free Uses of Works: 1. Quotations; 2. Illustrations for teaching; 3. Indication of source and author (1) It shall be permissible to make quotations from a work which has already been lawfully made available to the public, provided that their making is compatible with fair practice, and their extent does not exceed that justified by the purpose, including quotations from newspaper articles and periodicals in the form of press summaries. (2) It shall be a matter for legislation in the countries of the Union, and for special agreements existing or to be concluded between them, to permit the utilization, to the extent justified by the purpose, of literary or artistic works by way of illustration in publications, broadcasts or sound or visual recordings for teaching, provided such utilization is compatible with fair practice. (3) Where use is made of works in accordance with the preceding paragraphs of this Article, mention shall be made of the source, and of the name of the author if it appears thereon. El 10/07/2012 05:45, "Emily Liu" <b941020045@gmail.com> escribió:
Dear All,
While doing my research on the online forum-based interactive gaming site ( www.gaiaonline.com), I have encountered another problem.
The site's Terms of Service mention that "The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of Gaia Online provided by Gaia, including without limitation any artwork, Gaia virtual items, Gaia Gold, Member Submissions, Gaia Member Online Accounts or User IDs, or visual art and any combination thereof (all of the foregoing, collectively, the "Materials") are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except as expressly authorized by Gaia, you agree not to buy, sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized or commercial use of the Materials. You agree to abide by all copyright notices, information and restrictions contained in any Materials." Yet I need to include screenshots of the forum and user avatars in my thesis to illustrate my research site and let others understand how forum-based role playing is conducted.
I have tried to get authorization to use the site's images by writing to their usertalk email, public relations email, and the site moderator, but received no replies. In this case, can I still include screen capture images in my paper? How should I deal with the issue of copyright or authorization?
Thank you
Emily
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Min-Ju Liu (Emily)
M.A. Student in Applied Linguistics
Department of Foreign Languages and Literature National Sun Yat-sen University _______________________________________________ The Air-L@listserv.aoir.org mailing list is provided by the Association of Internet Researchers http://aoir.org Subscribe, change options or unsubscribe at: http://listserv.aoir.org/listinfo.cgi/air-l-aoir.org
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