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.

Fair use Icon from Wikipedia

Here is a clip from Wikipedia where the item editor posts this low resolution copy of the cover of The Selfish Gene.

It describes how the editor justifies the "fair use"of the image, and is worth reading for its detailed description of the justification.

Could it be that all Networked Books should use a similar fair use statement and the wikipedia icon?

"This image is of a book cover, and the copyright for it is most likely owned either by the artist who created the cover or the publisher of the book. It is believed that the use of low-resolution images of book covers

• to illustrate an article discussing the book in question
• on the English-language Wikipedia, hosted on servers in the United States by the non-profit Wikimedia Foundation,

qualifies as fair use under United States copyright law. Other use of this image, on Wikipedia or elsewhere, might be copyright infringement. See Wikipedia:Fair use for more information.

To the uploader: please add a detailed fair use rationale for each use, as described on Wikipedia:Image description page, as well as the source of the work and copyright information. Please include in your fair use rationale details of the particular edition (publisher, market & year of publication) of the edition you have used, and also acknowledge any cover artist if such artist is acknowledged in that edition's frontmatter. If the book cover is in the public domain (see Wikipedia:Public domain), then use the appropriate public domain tag rather than this one.

[edit] Fair use rationale for The Selfish Gene and Richard Dawkins

This image of the book cover of The Selfish Gene, The Selfish Gene3.jpg, is being linked to both from the article on the book and the article on the author. Although the picture is subject to copyright I (Mikker ^(...)) feel it is covered by the U.S. fair use laws because:

1. it is a low resolution copy of a book cover;
2. it does not limit the copyright owner's rights to sell the book in any way;
3. copies could not be used to make illegal copies of the book;
4. the image on the cover is significant to both articles because it is the author's most well known work and, as the cover of the original edition, illuestrates important aspects of the articles."