copy right copy left...

Copyright.... that eternal issue that has yet again appeared in the NET 11 course. And we are asked to consider if our web page contravenes copyright laws.... Well as it currently stands probably not, seeing as it is only a test page with practically nothing on it! Will it break copyright when its finished? Hopefully not!

The way I see it, assume everything is copyrighted and nothing can be used. Ouch not very fun! And then each time something is needed for use see if it would pass fair use. If it does, use it (and quote it!) - if not don't!

That sounds simple but its not really.... take the other question we are asked to consider:

"Would you be in breach of copyright if you put the Curtin logo at the top of your web page for an assignment?"

Hmm well based on the above philosophy of assuming everything start out as copyrighted then use, that would be breaching copyright...

Now to apply the rules of fair use as taken from here:

1. Purpose and character of the use. Well as it would be being used for an assignment to be submitted to the same place that the logo represents and is purely for non-profit educational use it is reasonable to use the logo. So at this point it is fair use.
   
2. Nature of the copyrighted work; Or in simple terms is it worthy of copyright? Well its a logo so by definition it belongs to and is the property of Curtin University. As a logo it seems reasonable that not anyone should be able to use it, however in this scenario it is to be used by a student of the university... Well this could be argued all day, but to make a judgement call - should a university logo be worthy of a copyright? Within reason yes. Should that copyright extend to students not being able to use the logo on there work for said university, probably not.
   
3. Amount and substantiality of the portion used; Well if a logo is used, it would have to be the whole thing. Logos are designed so that they are meant to be used in their entirety. This part here is the one that might just create the downfall for claiming it is fair use.... really how can a logo be reasonably used without using the whole logo?
   
4. Effect of the use upon the potential market for or value of the copyrighted work; Will using the logo effect the value of the logo? Assuming a high quality assignment, it would probably create a positive effect on the value of the logo... in a look at what our students can achieve sort of way. If however it was a poor quality assignment it could be argued that the reverse could occur. This makes this criteria a tricky one to make a judgement call on either way.

So while it is hard to call based on fair use, it is probably reasonable to say the student using the logo is fair use.... but lets back up a minute, this was all done assuming the logo is covered by copyright. Is it?

What copyright doesn't protect includes Titles, Names and Short Phrases. Let's take a minute to look at the Curtin logo... It consists of the university name - not copyrighted, a short phrase "University of Technology", also not covered by copyright and a picture of a shield - with this bit probably being copyrighted. So it is probably copyrighted and a breach of copyright....

Then I come across this:
"If the material you want to copy for research or study, criticism or review is Curtin material or is "out of copyright", or if you have permission from the copyright owner, you do not need to rely on the fair dealing provisions." http://copyright.curtin.edu.au/essentials.cfm#research.

In conclusion as the logo is being used by a Curtin student for educational purposes and the logo belongs to Curtin the above statement effectively gives the student permission to use the logo.