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ESL forum > > Uploading Copyright Images    

Uploading Copyright Images



David Lisgo
Japan

Uploading Copyright Images
 
I reported a worksheet today:
 
"I am surprised, but the pictures (fronts) are photcopied from Side by Side published by Longman. I cant tell you page and edition, but Im certain as I have a homemade bingo game which I made from used workbooks and the pictures are the same."
 
and got this answer
 
"No, it should NOT be removed. What´s the problem? We can use pictures from books. The activities are different."
 
Longman copyrights its books
 
""All rights reserved: 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 the Publishers."

If such permission has been given, then let it be stated.  Otherwise IMHO it should be removed.
 
I write here not to cause trouble, but because I am unable to respond elsewhere.  What is your opinion?

29 May 2009      





alien boy
Japan

This post may interest you. Please read all of it.
 

29 May 2009     



David Lisgo
Japan

Alien boy,
 
I have read the messages on the link and other messages on similar topics.  All is not clear, but I hold my position as the worksheet in question would have absolutely no value without the "photocopied" content.  Yesterday I defended the reviewers but today I am extremely disappointed with the position they have taken. What is the point of reporting a worksheet for it ´s illegal content, when reviewers defend a wrong.  I would not complain about a minor trangression and I haven ´t stated which worksheet I ´m talking about here as I have no wish to slander anyone and the person in question has contributed some absolutely fantastic work in the past, but we all make mistakes.
 
 

29 May 2009     



alien boy
Japan

That ´s the real problem with copyright - there are very few things that are clear!

Virtually every book has a copyright associated with it. There does not even have to be a copyright statement on an item for copyright to be asserted.

With regards to using material from another ESL resource, in a legal sense, the determinant is related to income protection for the copyright owner. If the material is used for ´non profit ´ educational purposes and is only a ´reasonable ´ (which again is a very non specific relative term)  portion of the whole, then according to most international standards, copyright will not have been broken. The onus would be on the copyright holder to show that their income potential has been impinged. It is after all not the idea that is protected but the form.

I haven ´t seen the worksheet & nor am I a moderator so I cannot provide my opinion with regard to validity in this specific case... but as long as the worksheet is ´not for profit ´ & doesn ´t solely consist of the copied material and no additional input (to a ´reasonable ´ extent) then it is unlikely that copyright will have been infringed in most countries around the world - except, of course, for Japan where ´fair use ´ doesn ´t currently exist.

Cheers,
AB

30 May 2009     



David Lisgo
Japan

Thanks AB,
 
The publishers backed by teachers ´ organizations in Japan have been forceful in demanding respect for their copyright material.  This has made me and many others very careful so it shocked me to see copyright material being used in worksheets without any credit being given to the originator.
 
I don ´t wish to be judgemental as to what others do or say, but there are always better ways to do things.
 
Regards,
David

30 May 2009