Copyright for images for unknown cache

[+Die Katzratten]

Hello there,

 

I hope you can help me.

I was planning to hide a new cache with a little riddle... and I need some pictures taken from a book (comic strips). May I scan the pictures out of the book or will there be copyright problems? Do I have to write a copyright note? Or is it even prohibited to publish the scanned pictures on geocaching.com?

 

Thanks a lot!

 

Byebye

[+niraD]

From the Geocaching.com Terms of Use:

You and not Groundspeak, are entirely responsible for all content that you upload, post or otherwise transmit via the Site. You agree not to:[...]

 

(d) Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person, including without limitation under any privacy or publicity rights.

If the comic strips don't belong to you, and they are not public domain, and you don't have permission to reuse them, and your use doesn't fall into specific fair use categories (e.g., parody, critique), then you shouldn't use them.

[+blb9556]

You and not Groundspeak, are entirely responsible for all content that you upload, post or otherwise transmit via the Site. You agree not to:[...]

 

(d) Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person, including without limitation under any privacy or publicity rights.

If the comic strips don't belong to you, and they are not public domain, and you don't have permission to reuse them, and your use doesn't fall into specific fair use categories (e.g., parody, critique), then you shouldn't use them.

And also....

 

© Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationship.

[+Arrow42]

Fair-use is a funny thing. Here's what the US Copyright office has to say about it:

 

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

 

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes

2. The nature of the copyrighted work

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole

4. The effect of the use upon the potential market for, or value of, the copyrighted work

 

(snip)

 

The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”

(source)

 

Can a puzzle at a for-profit website fall into these kinds of uses? Well, it's hard to say for sure. "Fan-sites" have long been considered a legitimate fair-user, but it still depends on how it's used and for what reason.

 

Do I have to write a copyright note?

It's a common mistake people make. Attributing a copyrighted work doesn't suddenly mean your not infringing their copyrights. In fact, it's quite the opposite - it proves that you were aware that the work was protected.

 

If you could explain your puzzle a little more I could make a little more educated comment about if it might/might not be infringement.

 

(I am not a lawyer and I cannot offer legal advice. All I can offer is the benefit of my opinion based on experience and research from dealing with copyright claims at wikipedia. If you want legal advice please consult with a copyright attorney.)

Edited August 23, 2009 by Arrow42

[+Steve&GeoCarolyn]

We are dealing with the same issue for one of the puzzles we are working on. In our case, we did the research and found a statement by the copyright holder that deals with derivative works and fan-created material. Obviously we plan to abide by it. We feel very lucky that we did the search and found the permission and how to satisfy it legally. You may also find some sort of non-commercial/fan use that the copyright holder says is ok. Just search the web for it. Go to fan sites, which will probably have some sort of statement about how they got permission. Go to the company's site and select About <company name> or the FAQ. That's where they usually deal with copyright issues.

 

Also, you may be able to get permission by simply writing the copyright owner. I have found that most people are reasonable. And if they are not reasonable, it is better to know it now (before they sue you) than after they do so.

 

Carolyn

Edited August 23, 2009 by Steve&GeoCarolyn

[+Die Katzratten]

Hi,

 

@ all:

Thanks a lot for answering so quickly!

I will just quickly explain the whole thing: I wanted to scan or photocopy a few single images from Astérix or Tintin or Blake & Mortimer, then people would have to guess from which album it is taken, and then there will be a question, like: In which year does the story take place? So people would have to go the library, find the picture and like that find the correct book and would have to answer the question. I hope you get it, I'm not so good at explaning ;D

 

I found a few caches like that in other countries and there never was a copyright note, but it doesn't mean that it's okay.

 

I think I might write to a fan page and ask them, this is a brilliant idea.

 

Thank you so much!