Monday, April 16, 2007

fair use continued....

If the blog is to continue the use of posting low-resolution digital images taken from flickr or from googleimage search where the image is usually found connected to a specific blog post, use of a "fair use" disclaimer could use either the wikipedia fair use bug shown in the previous pos or another similar one from Creative Commons if there is one.

The "fair use" disclaimer could refer automatically to tags included in the post. This is particularly important when the blog is used as a reconstruction platform for Networked Books in which "snippets" of audio,video, text, presentation slides, are used as an attention-saving device for users who may/or may not wish to buy a full copy of the book.

Wikinomics is particularly interesting in this light since the authors :

• provided an e-book pdf for free download of Chapter One of the book

• Issued a specific challenge to readers to engage in augmenting the book through posting to
what the author's entitled " The Wikinomics Playbook" which carries this invitation in the
printed version of the book, and is also issued verbally by Don Tapscott in his presentations
about the book and the author's memes presented there.

The likely result of the NetworkedBook process is to create a larger market for the author's books, increasing the book's value to both author and publisher - so that "infringement" of the author's IP could not be claimed on the basis that the fair use of images, text, audio and video reduced the market share and profitability of the author's books or other related IP by limiting the NetworkedBook such "fair use" content as selected presentation slides,and snippets of audio/video content from longer works.

A related question is the use of NetworkedBooks as educational platforms for stimulating learning and application of the action-oriented content of the books and other author's IP as learning objects - a practice which is allowed under the fair use statutes.

We may need to visit with Creative Commons to find a specific CC deed and license suitable for what we plan to do. This will also apply to the IP content of visual interpretations by graphic facilitators under contract to perform their services and the resulting images and their repurposing as user interfaces to the underlying content - This needs to be made part of any contractual relationship with these professional artists. If the contract is made clear about the ownership of the images being held under contract by the organization/person who pays for the work to be done, and restricts the artist from reuse without permission or under a
CC 2.5 license allowing free use with attribution but no commercial application. by the artist.

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