Note: These questions come from an article in a topic (
Spectrochemical Analysis to search for extrasolar life) where an inline hotlinked image was created by the poster and later converted into a link by a moderator.
Quote:
Originally Posted by sabianq
in response to 01101001 about the image i hot linked to i did read this in the link you so graciously provided.
please tell me if i am misreading and misunderstanding this and i am not permitted to use the image file, otherwise, from what I had read,
http://www.si.edu/copyright/ [...] |
Yes. I think you are misreading and misunderstanding. I don't know what you are
permitted to do with an image file from the Smithsonian. If you had asked permission, and gotten it, it would be clear. Otherwise we surmise. Ultimately the permission for what you can do here comes from this forum's administrators and their agents.
Also there, there is:
Quote:
|
Unauthorized commercial publication or exploitation of text, images or content of this website is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior written permission from the Smithsonian Institution.
|
BAUT Forum is a commercial site. It has revenue-producing advertising. Fair use of an entire image would be difficult to defend, I think, in a lawsuit. BAUT Forum is not personal. BAUT Forum is not an educational institution -- despite having educational value. BAUT Forum is not journalism. BAUT Forum is a bunch of people putting up messages dealing with a common area of interest. In my reading, your use of an entire image owned by the Smithsonian Institution was not fair use. You may disagree, of course.
By the way, the Smithsonian points out that copiers like yourself -- and BAUT Forum -- may not only be dealing with Smithsonian property and Smithsonian rules:
Quote:
|
The Smithsonian Institution does not warrant that use of the text, images and content displayed on the website will not infringe the rights of third parties not owned by or affiliated with the Smithsonian.
|
Finally, the short FAQ there offers clarification that should have helped your decision.
By the change that was made to your link, you and I can see how a moderator read it. If you think the mod was wrong, and you think it's worth the trouble, appeal the decision. Maybe others will read it differently. These things are unfortunately not black and white.
Bottom line when I think about such is: how do I balance good writing with keeping Phil and Fraser away from the wrong end of a legal threat and/or action.
Quote:
Originally Posted by sabianq
further more,
from here:
http://www.bautforum.com/about-baut/...ml#post1385445
you said:
Quote:
|
Originally Posted by 01101001
[...] The sites I use, like nasa.gov, ESA, .edu sites, have standard policies that OK the use of images. Some have policies (more the .edu) allowing use with acknowledgement. [...]
|
i was under the assumption that http://www.si.edu is an .edu and a government site. and i thought i did use the image with "acknowledgement"
am i totally wrong in using this image 01101001? |
Yeah. I think so. Not all .edu sites have the same policies. I spoke of the sites I use for images. Check, as you are able, and only use the ones that allow it. And, by the way, the Smithsonian is not 100% US government funded, so it privately owns intellectual property, and therefore has property-use policies, as you've seen.
Quote:
Originally Posted by sabianq
i am sorry if i offended you in any way.
|
I wasn't offended. I was sorry a member seemed to be careless -- especially after having gone overboard in the description of the validity of the hotlinked image, as if to make some point about such disclaimers being worthy of ridicule. That's why I commented in public. I don't think the rules need ridicule.
I should acknowledge, now that you have explained more about your diligence, that you seem to have tried to comply with the Smithsonian policy on using their property; I think you just misread and misinterpreted their restrictions.