Copyright on Magazine Covers

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BradM

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Mar 29, 2010, 8:04:21 AM3/29/10
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We have had some recent uploading of copyrighted Magazine Covers on
RocWiki by JackGreenky.

Any publication is automatically covered by copyright even if it is
not marked.

You will note from Wikipedia's example, that the only magazine covers
they use are those that have fallen out of copyright coverage due to
age - see http://en.wikipedia.org/wiki/Time_%28magazine%29

Unless we have the express permission to use, these uploads are a
copyright infringement.

There could be an argument for Fair Use of a small (150 pix) upload to
show the nature of the magazine if we were an encyclopedia, but
RocWiki is a stretch on this one. Further, any upload must be clearly
identified as copyrighted because our pages specifically state that
the material is Creative Commons unless otherwise specified.

Note that even the fair-use thumbnail must be uploaded in that format,
not just displayed on the page as a thumbnail.

Brad

Ryan Tucker

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Mar 29, 2010, 9:09:47 AM3/29/10
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I skimmed through the sample issue on their website and couldn't find an
obvious indicator of it being compatible copyright-wise. Removed,
pending further evidence or a statement from the copyright holder that
it's OK to reproduce.

Thanks! -rt

--
Ryan Tucker <rtu...@gmail.com>

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jackgreenky

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Mar 29, 2010, 11:38:32 AM3/29/10
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I have read the notes and will not post more covers in the future and
let the owners of the publication put something there if they want to.
Some would like to see their stuff posted by others, for publicity, I
am sure, but cannot be determined from the publication itself.
-Jack

Ryan Tucker

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Mar 29, 2010, 12:48:42 PM3/29/10
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Yeah, I can't help but think that a lot of publications would prefer the
covers be there and would have no problem with it... after all, it's
part of their brand, and I bet we can all recognize the front page of
the D&C at 100 yards. However, I'm not the one who gets to decide
that :-)

As far as getting permission goes, the most efficient way to go is to
have the image released under a compatible license. The content of
rocwiki.org is generally redistributable to other parties[1], and we do
share the articles/files/revisions upon request (basically, everything
but the user list). So, just saying "We're OK with this being on the
rocwiki.org page" isn't sufficient because then we're on the stick to
ensure it doesn't end up used in other places.

Fun stuff for sure.

There is an interesting loophole, if you will: the Flickr() macro will
include a given image from Flickr without it being in RocWiki's
database. Of course, the catch is that the license constraints of the
image are checked[2] and "All Rights Reserved" stuff won't be included,
but it does mean Creative Commons-licensed photos with NonCommercial and
NoDerivs attributes can be included here. If someone opens up, say,
RocWikiWithAdsAndABusinessPlan.com using our database, they could easily
omit works with NonCommercial licenses. But that's getting into some
pretty advanced copyright gyrations... -rt

[1] See http://creativecommons.org/licenses/by-sa/3.0/ for the specifics
[2]
http://github.com/rtucker/sycamore/blob/master/Sycamore/macro/flickr.py#L266 ... hmm, doesn't yet allow US Government works. I'll fix that.


--
Ryan Tucker <rtu...@gmail.com>

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BradM

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Mar 29, 2010, 3:21:30 PM3/29/10
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The Flickr macro should probably include a preface to the title line
with a wiki link to '''["Flickr License"]''' - that page should
explain to the viewer that the image license is contained on the
Flickr Photo page and may be more restrictive than the Creative
Commons of RocWiki.

I have uploaded reduced size copies of many of my Flickr Photos onto
RocWiki and allow them to be covered under RocWiki Creative Commons,
others I have continued to protect - some by using the Flickr Macro,
others by putting only a Link to the photo on the page. Some of us
creative types can get real possessive of our works (:>). I think I am
over 600 in the personal photo and graphic contributions.

Brad

> [2]http://github.com/rtucker/sycamore/blob/master/Sycamore/macro/flickr....... hmm, doesn't yet allow US Government works.  I'll fix that.
>
> --
> Ryan Tucker <rtuc...@gmail.com>
>
>  signature.asc
> < 1KViewDownload

BradM

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Mar 29, 2010, 3:40:28 PM3/29/10
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In several cases on RocWiki, BufWiki and other sites, I have simply
emailed (message on Flickr) the owner and asked permission to use
images with some success.

The request should indicate that RocWiki is licensed under Creative
Commons. The posting should document the date and permission granted.

Brad

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