Hi Andre, It's probably clear to you how it falls within fair use, but it might be worthwhile to do a bit more work to help the journal editorial staff understand that this is actually fair use, if you haven't already. It seems to me that if the screenshot is part of the analysis, it's worth arguing a bit more about it with the journal, rather than accepting their assessment--which may be based on misinformation or confusion about copyright or fear about claims of copyright violation. There's a widely used form at Columbia that might help demonstrate how the use of the screenshot falls within fair use. http://copyright.columbia.edu/copyright/fair-use/fair-use-checklist/ There's also an online fair use evaluation tool that provides you an archival copy of the results of your fair use analysis. This can be useful for your own and the journal's purposes. http://www.librarycopyright.net/fairuse/index.php Good luck, annette ***************************************************** Annette N. Markham, Ph.D. Senior Research Fellow, Internet Research Ethics Center for Information Policy Research University of Wisconsin-Milwaukee amarkham@gmail.com http://www.cipr.uwm.edu/ http://markham.internetinquiry.org/ Co-Editor, International Journal of Internet Research Ethics http://www.ijire.net On Wed, Sep 1, 2010 at 8:22 AM, Andre Brock <andre.brock@gmail.com> wrote:
For the first time in, well, ever I've been asked by a journal to obtain permission from a website to reproduce a screenshot of a webpage. Not, to be clear, of an image on the page - but of the page itself. I've been offered the option of removing the image and replacing it with a URL, but from an archival standpoint that's problematic. Webpages with dynamic content change all the time, not to mention that authors sometimes change formats/platforms, modify pages, or remove content that was included in the original analysis.
I don't want to miss the publishing deadline, but I need to know: "where dey do dat at?!?" (translation: since when did fair use guidelines get bent so badly in academic publishing?)
André Brock Assistant Professor, SLIS/POROI University of Iowa
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