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ESL forum > > Re: Need your opinion 2    

Re: Need your opinion 2



David Lisgo
Japan

Re: Need your opinion 2
 
Hi, Sorry to those of you who are not interested, but I was sleeping and woke up to find the topic gone. So here it is again.

http://www.eslprintables.com/forum/topic.asp?id=14208
http://www.eslprintables.com/forum/topic.asp?id=14219

Thank you Babz for that explanation; there is some truth in what you say though I don ´t know if this was in case with Silvia ´s worksheet and I make no judgement on her or her deleted worksheet.

Zailda says "Using a picture with watermark or taken from a book doesn´t turn the whole ws into a copy, so it is not to be reported for this reason. Only if it´s a whole copy (and please, provide the direct link or the book´s page)."

I believe that whether or not a worksheet should be reported sometimes depends on how important the picture is and where it originated from. If the ´illegal ´ picture cannot be replaced with a ´legal ´ substitute and the worksheet becomes useless without it, then it is not the author ´s own creation and should be removed if reported. This has nothing to do with who the author is nor how many points the worksheet has.

Deliberately targeting individual members has no place on this website.

23 Nov 2009      





David Lisgo
Japan

I should clarify this remark 
 
"Deliberately targeting individual members has no place on this website."
 
...when done so for reasons of jealousy or revenge.
 
Sometimes we have members who have created nothing of their own and all their points have been gained through theft.  I admit it, I will target the worksheets of such individuals.

23 Nov 2009     



alien boy
Japan

Hi all:

Here ´s a very important discussion thread re copyrigt & worksheets. It ´s very clear & concise:

http://www.eslprintables.com/forum/topic.asp?id=944


Copyright protection applies to ´any expressible form of an idea or information that is substantive and discrete and fixed in a medium ´. Essentially this means that the clipart images which a person owns/has legal rights to (& that can be bought by others) are not the things that are protected. On the contrary, it ´s the way in which they´re presented that is protected! So it´s not possible to present an MESEnglish flashcard (for example) as your own work. There may also be issues with a presentation that is similar enough to be considered ´derivative´ of their format, layout & appearance (but this may be difficult to prove).

´Fair Use´ may be a valid defense against copyright infringement in jurisdictions where ´Fair Use´ is recognised (this does not currently include Japan)

I highly recommend browsing the forum history & reading the many discussions you´ll find. Just type ´copyright ´ into the forum search box & see what comes up! Be creative & use some related terms & you ´ll get even more...

Regards,
AB

23 Nov 2009     



zailda
Brazil

Hi!

I completely agree with you, but for me it ´s the same, if the member added only a few lines or very little work on it, it must be reported as "clipart", "non-esl resource", depending on the case.

But this is valid for new wss, the old ones are to be reported only if they are copied (new rules of ESL Printables), but members can send the member a PM asking him to replace the picture.

I understand Victor ´s rule, some issues were broght to the forum some months ago, and it would be almost impossible for some members with lots of old wss (posted before people concerning about pictures with watermarks) to update all of them to fit rules created months after they were useful for so many people, according to the number of downloads.

Last week Frenchfrog had a ws reported because there were 3 copyrighted pictures but after the reporting she easily replaced the pictures, so it wasn ´t the case to report - IMHO. If we ask people to use common sense we ´ll realize how unsenseless they can be...

When I find a clue that a member has tons of copied material I certainly spend some of my time checking them carefully, but it seems some people here have loads of time in their hands because they are capable of reporting a whole set of good wss just because a small detail that could be fixed in no time if they asked the author.

Sometimes the author is unaware of the problem or is away from the site for a long time, and when he returns he has to face his useful ws deleted because of something that could be fixed right away - if somebody asked.

So let ´s measure the good of reporting the whole work against the damage we may cause to someone who kindly provided his work for our benefit, and then make a decision.

23 Nov 2009     



alien boy
Japan

A few other useful older discussions:

http://www.eslprintables.com/forum/topic.asp?id=9338

http://www.eslprintables.com/forum/topic.asp?id=8647
  (includes a simple graphic example to help determine ´Fair Use ´)

http://www.eslprintables.com/forum/topic.asp?id=5141


http://www.eslprintables.com/forum/topic.asp?id=9865


The reporting of ´stolen images ´ is a little over the top if there is original work added to the imagery or the images have a ´new ´ purpose & layout added to them... as long as they are used for education & are ´not for profit ´ edit: and does not interfere with the earning potential of the original work. Currently ´Fair Use ´ does not apply in Japan but does apply throughout the EU (for example) as well as most other countries around the world. It is currently under review in Japan, too...

Regards,
AB

23 Nov 2009     



s.lefevre
Brazil

I don ´t understand this discussion about stolen pictures and replacing them.  Can people use for instance Disney or Simpson caracters without permission? I think legally they can ´t so, are we going to replace every worksheet ? And replace with what? I think that you can ´t sell your work which uses material without permission but here we don ´t sell anything. If we are so strict I think Victor should think if it is possibleto maintain the site as it is or if it ´s better to ban all images. There a very few teachers here who draw their pictures so, let ´s say 90% of all worksheets use pictures from books, internet or magazines. For me, a stolen worksheet is text and images from a book or website without changing.

23 Nov 2009