Hi Mia -- This is a tough one. It depends in large measure on how risk averse your publisher is. Copyright liability is strict, so in the absence of explicit permission, the only safe route is not to use the materials, and many publishers will demand you go that route, and/or demand that you indemnify them. I see that a couple of people have opined that the use might be fair. That is possible, and my personal sympathies lie in that direction, but you won't know until the matter is in front of a judge. Also, fair use exists ONLY in the U.S., so if the publication or distribution of the materials is international in scope you will have to look country by country at whatever local exemptions exist (e.g., under fair dealing provisions in Canada or the UK, user privelege provisions in EU nations, etc.). Sorry that there's no good or easy answer here. DLB P.S. Standard disclaimer: I am not your lawyer, you are not my client, this message creates no advisory relationship, you should not rely on any opinion I have expressed, you should consult competent counsel admitted to practice in your jurisdiction, etc., etc. Dan L. Burk Visiting Professor Cornell Law School Myron Taylor Hall Ithaca, NY 14853 USA Oppenheimer, Wolff & Donnelly Professor University of Minnesota Law School 229 19th Avenue South Minneapolis, MN 55455 USA *************************************** Voice: 612-626-8726 Fax: 612-625-2011 On 27 Apr 2005, Mia Consalvo wrote:

Hi all,

I've run up against a problem that has my publisher stumped as well. If you're publishing a book or journal article and want to use pictures from a Web site, and you have the pictures but the site is no longer in existence, do you need permission? How would you handle this?

And also, what is the site still exists, but all emails to the authors of the site bounce?

Any help or pointers of where to look would be greatly appreciated. thanks! Mia

Mia Consalvo, Ph.D. Kohei Miura Visiting Professor Department of Communication, College of Humanities Chubu University Japan

Permanent address: Ohio University School of Telecommunications Athens, Ohio 45701 USA