Hello Joran and all
This is a fascinating thread. As someone who does academic research on historical images, I come across this problem frequently:
On Jun 16, 2015, at 7:52 AM, Joran Booth <[log in to unmask]<mailto:[log in to unmask]>> wrote:
[...]
2) Fair dealing and fair use provide exceptions for research and
scholarship. Most uses that would be found in this list fall under this
exception to copyright. However, while fair dealing and fair use may
protect you from liability, they do not protect you from being sued, so
there is still a risk associated with exercising this right.
[...]
Because my research deals with emblems and trademarks, I have sought legal opinion (in Australia) and have been assured that publication of a trademark in an academic publication in conjunction with my research falls under ‘fair use’. However, academic journals want to avoid being sued, so they require me to seek permission from the copyright holder. Unfortunately, this is impossible much of the time, as the copyright holder of many of the marks I study does not exist - for example, emblems once used by governments that have since been dissolved.
Given these troubles with publication, I understand why so few academics study visual artifacts.
Katherine Hepworth
________________
Katherine Hepworth
Assistant Professor of Visual Journalism
The Reynolds School of Journalism
1664 N. Virginia St, Reno NV, 89557
Phone: +1 (775) 784 4423
Website: kathep.com<http://kathep.com>
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