Copyright—How much money do you have?

Only fools tread where copyright lawyers are keen to prosecute

I don't pretend to be a copyright lawyer but it would appear from the copyright website that if I intend to use the Curtin logo on my blog I need to show that I have "Fair Use" rights.

The Fair Use rights are:

1. "the purpose and character of the use, including whether such use is of a 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; and
4. the effect of the use upon the potential market for or value of the copyrighted work." (Copyright website, 2009)

There's a do-it yourself version which you can dial in your opinion and come up with the answer.

(Fair Use Visualizer, n.d.)

But if your still not sure you can ring a lawyer.


(ask a Lawyer, n.d.)

I wonder, if you end up going to court do the lawyer uses the "Fair Use Visualizer" and will it depend on how much you pay the lawyer to how far he spins the wheel.

You can avoid the problem altogether and just purchase an image from one of the may image libraries such as istock for as little as $1 for web use, granted it's not the Curtin logo.

As for using the Curtin logo on my blog it would appear from the dial a rights (wheel of fortune) that I could use the logo if I argued "Fair Use" under the terms of not for profit educational purposes. However, if the Uni decided that I have used the logo inappropriately that somehow degrades or devalues the logo by associating my work with the Uni, then the Uni may have other views. You know the saying, all views expressed are those of the author and not necessarily those of the Uni.
So in answering this I tried to find the information on the Curtin web site but had no luck, so sent an email to the Vice Chancellor office to ask permission to use the Curtin logo on my blog, I'll post the response when I receive it.

Well I just received the first response and that was:

Dear Lawrence,
Thank you for contacting OASIS Central.
As you are a Open University student please contact Open Curtin directly regarding this enquiry.
Open Curtin: +61 8 9266 2102 , opencurtin@curtin.edu.au
Kind Regards,
Louise (Louise, personal communication, April 2, 2009)

I think finding the answer to using the Curtin logo will be problematic and just lead me on another wild goose chase.

So for the independent thought criteria—if I real need to use the Curtin logo on my blog with the accompanying defamatory text that's scandalous, then I would publish the blog somewhere on a pacific island like Vanuatu or the Cocos islands where international law is clouded by the beautiful blue sea.

And NO, I haven't breached any copyright law with my images, (I think) I used my camera in public space. As for the screen shots, hell I don't know, I suspect if it's used for educational purposes then it's probably fine.

Reference:

Copyright Website. (2009). Retrieved April 2, 2009, from http://www.benedict.com/Info/Info.aspx


Fair Use Visualizer [image] (n.d.). Retrieved April 2, 2009, http://www.benedict.com/Info/FairUse/Visualizer/Visualizer.aspx

ask a Lawyer [image] (n.d.). Retrieved April 2, 2009, http://www.benedict.com/Info/FairUse/Visualizer