Thanks, Sam, for sharing the explanation from UCT's legal adviser.
We have a few people on this list from countries other than U.S. or
South Africa. Are any of you familiar with the legal guidelines for
fair practice/fair use/fair dealing (i.e. use of all-rights-reserved
material without permission from the copyright owner) in your country?
It's very helpful to know those legal differences for authors in
different countries. That's one reason why we attribute the few images
we choose to keep in OER under Fair Use with a special tag:
http://open.umich.edu/wiki/CitationPolicy
-Kathleen
On Fri, Jul 27, 2012 at 2:22 PM, Health OER Project Administrator
University of Cape Town <
health...@gmail.com> wrote:
>
> Thanks, Kathleen. I've also checked with the legal advisor of the OpenUCT Initiative, and it seems that South Africa's fair dealing legislation is a bit more stringent than the fair use doctrine. She said,
>
> "The fair use doctrine in the US is different to our fair dealing concept here in SA and using materials in videos that are not given permission for cannot be used unless they using the materials for purposes of criticism or review of that work or of another work. If you can argue that the material usage is for those purposes then fine but it will then depend on how much of the material is used and other factors.
>
> Last year a lecturer giving a seminar here which was recorded and put up on Youtube was asked to remove the video because it contained one picture of a bird - an image that was copyrighted. So its a calculated risk and it would depend on your assessment as to whether you can justify it under the reason I listed above."
>
> So it seems we would probably have to go through the full dScribe process for any previous recordings that we wish to publish.
>
> Thanks for your input.
>
> Best regards,
>
> Sam
>
>
> --
> Health Open Education Resources (OER) project administrator
> Education Development Unit (EDU), Health Sciences, UCT
> email:
heal...@uct.ac.za | tel: 021 406 6827, 084 477 6089
>
> More information on: Open Education Resources | Creative Commons licensing
> Finding OER content: OER Africa | UCT Open Content |
http://tinyurl.com/healthoer