[x] Checking In

[Jim Andrews]

Right. So it's OK as long as it's completely inconsequential.

ja


On 3/29/2018 12:58 PM, Miles Thorogood wrote:
> That sounds about the gist of it.
>
> On Thu, Mar 29, 2018, 12:51 PM Jim Andrews <jim at vispo.com 
> <mailto:jim at vispo.com>> wrote:
>
>     Thanks, Miles. My reading of the below is that it implies
>     http://vispo.com/aleph3/an.html?d=Adeena%20Karasick%201
>     is OK as long as no money is involved and it doesn't go viral. As
>     soon as it becomes popular or somebody wants to buy a copy of
>     Aleph Null that contains Checking In, all bets are off.
>
>     ja
>
>
>     On 3/29/2018 12:32 PM, Miles Thorogood wrote:
>>     Hi Jim,
>>
>>     I'm not a legal expert so don't consider this legal advice. At
>>     one point I was asking a similar question regarding what my
>>     students are *allowed* to do in terms of using digital assets in
>>     their work. The UBCO library gave us some useful resources that I
>>     will share with you here. I'll skip the content of public domain
>>     images and obtain permissions and jump straight to piece on fair
>>     dealing and the remix exceptions.
>>
>>
>>
>>     *Fair dealing exception*
>>     Fair dealing is a user right contained in the Copyright Act that
>>     allows you to copy from a copyrighted work, without the copyright
>>     owner's permission, if:
>>     1. The copy is for the purposes of
>>
>>       * Research
>>       * Private Study
>>       * Education
>>       * Criticism or Review
>>       * Parody or Satire
>>       * News reporting
>>
>>     2. The use is “fair”…
>>     Dealing can be considered fair based on:
>>
>>
>>
>>
>>
>>     *Non-Commercial User-Generated Content Exception*
>>
>>       * AKA the “Mash-Up Exception”
>>       * Allows individuals to use a published work to create and
>>         communicate a new work, as long as:
>>       * the purpose is strictly non-commercial;
>>       * you use a legal copy of the original work;
>>       * you identify the author and source of the original work; and
>>       * the new work does not adversely impact the copyright owner of
>>         the original.
>>
>>
>>     I hope some of this is useful for your cause.
>>
>>     Best,
>>     Miles
>>
>>
>>
>>
>>
>>     On Thu, Mar 29, 2018 at 11:24 AM, Jim Andrews <jim at vispo.com
>>     <mailto:jim at vispo.com>> wrote:
>>
>>         I'm unsure of the legality of a piece that I've created with
>>         the poet Adeena Karasick. I wonder if those in the know on
>>         legal use of images might tell me what you think.
>>
>>         The piece is at
>>         http://vispo.com/aleph3/an.html?d=Adeena%20Karasick%201
>>
>>         Best experienced on a desktop/laptop machine, though it runs
>>         OK on mobile devices. Click the aleph at top left to toggle
>>         display of the controls.
>>
>>         The text is Adeena's. She owns it for sure. No problem there.
>>         It's the text of her new book Checking In coming out soon
>>         from Talonbooks in Vancouver. And the programming is mine.
>>         The program the piece is in is one I wrote called Aleph Null 3.0.
>>
>>         The issue is the images in the background and the images used
>>         to fill the text.
>>
>>         Adeena selected 208 images from the net and from her own
>>         images for me to use in this piece. She didn't get them by
>>         license in google image search. She just picked the most
>>         relevant images for the text of the project.
>>
>>         She and a friend of hers think this is legal use of these
>>         images. I'm not so sure. What do you think?
>>
>>         I really like the piece itself. And Adeena's text is
>>         terrific. But I am quite unsure about the legalities of image
>>         use. And it isn't the 90's anymore. Things are changing.
>>         Google recently changed their image search so that you have
>>         to visit the site on which the image is located before you
>>         can save it. And of course there's the whole Facebook data
>>         issue. People are re-examining ownership of digitized/digital
>>         stuff.
>>
>>         ja
>>
>>
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