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ESL forum >
Ask for help > Just a question
Just a question
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ciortea
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Just a question
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Hi,� I am quite new to this website, but I completly love it. I just would like to ask about worksheets I can send. Can I use picture from an english book? If I add �my own exercises to it.
Thanks a lot for a help
Zuzana
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8 Apr 2009
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nite
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Hello and wellcome!
Yes, u can use pictures from a book or a clip art collection as long as u use them to create your own work. 
Anna. |
8 Apr 2009
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markcox
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No. You can �t scan an image from a book. No publisher gives permission to scan their books.
Basically, if it �s not given to you to use as an image file to use in worksheets, then you can �t use it. If you aren �t given permission to use the image by the source and you take it by some means, you are taking something without permission, aka stealing.
There are websites that offer clipart for you to use. It would still be best to ask the site if your intended use is permissable, because if you post something here, you are not only using the image, but distributing it as well. Most web sites only offer clipart for personal use, not for distribution of the subsequent works.
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8 Apr 2009
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SKteacher
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I must agree with Markcox. I think that we all are using the ws for teaching at state or privite schools and do not want to be accused of stealing the images from somewhere.
Anyway, glad to see someone from Slovakia. I thought I was the only one.
Welcome and enjoy.
Natalia |
8 Apr 2009
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markcox
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Victor �s response seems appropriate from the article:
"- The purpose should be different
from the original. For example, if we take a cooking recipe
(copyrighted) and use it to make an ESL worksheet, it would be fair,
because the purpose is quite different. If we use the images from an
"actions verbs ESL worksheet" to make a new "actions verbs ESL
worksheet" it wouldn�t be fair.
- The publication of the "copy"
should not harm the copyright owner�s market. In the previous
example, a cooking website would not lose visitors because we had
published a worksheet with their recipe. On the other hand, an ESL
website might lose visitors if similar resources (copied from them) are
published in other websites"
But it also appears that you will be rolling the dice with even such use. Some of the cases in the article were dismissed and others were upheld.
Publishers don �t give you that permission though. It states very clearly on every book I opened, "no reproduction of any part may take place without the written permission of ...", "no part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of ...", or "all rights reserved".
You should get permission to use the images and then you don �t have to
worry about that. Many clipart sites do give that permission and if it �s not
written on the site, contact the owner. You can try contacting the publishers, it probably depends on what book you are interested in and what picture.
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8 Apr 2009
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Zora
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"Fair Use" does not require "permission" from publishers if the said work is being used for a scholarly use. Likewise in this case, taking a single picture from a book falls under this legal "loophole" as cited here:
�Notwithstanding the provisions of sections 17 U.S.C. � 106 and 17 U.S.C. � 106A,
the fair use of a copyrighted work, including such use by reproduction
in copies or phonorecords or by any other means specified by that
section, for purposes such as criticism, comment, news reporting,
teaching (including multiple copies for classroom use), scholarship, or
research, is not an infringement of copyright. In determining whether
the use made of a work in any particular case is a fair use the factors
to be considered shall include:
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- the purpose and character of the use, including whether such use is
of a commercial nature or is for nonprofit educational purposes;
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding
of fair use if such finding is made upon consideration of all the above
factors.
Also regarding pictures:
The third factor assesses the quantity or percentage of the original
copyrighted work that has been imported into the new work. In general,
the less that is used in relation to the whole, e.g., a few sentences
of a text for a book review, the more likely that the sample will be
considered fair use. Yet see Sony Corp. v. Universal City Studios for a case in which substantial copying�entire programs for private viewing�was upheld as fair use. Likewise, see Kelly v. Arriba Soft Corporation, where the Ninth Circuit
held that copying an entire photo to use as a thumbnail in online
search results did not weigh against fair use, "if the secondary user
only copies as much as is necessary for his or her intended use."
Conversely, in Harper & Row, Publishers, Inc. v. Nation Enters,[11] the use of less than 400 words from President Ford �s
memoir by a political opinion magazine was interpreted as infringement
because those few words represented "the heart of the book" and were,
as such, substantial....
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8 Apr 2009
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alien boy
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Well, actually, MarkCox is correct if you are using Japanese publications. There is no such thing as �fair use � in copyright law in Japan.
http://www.contentagenda.com/articleXml/LN945844327.html?nid=3039
Most international copyright law, however, is in agreement with the principles as quoted by Zora. The current situation in Japan is also under review, so the situation may well change & be in alignment with the rest of the international community.
Cheers,
AB
P.S. in one of my varied work roles in Australia I was heavily involved in copyright review in print advertising as well as having studied aspects of English & Australian law at university.
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8 Apr 2009
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