Copyright Issues/Permissions

[bgalephd]

I am a clinical psychologist and run social skills groups for children and adults with autism, Asperger's, ADHD and other challenges that affect their social behavior. We create our own simple animations, but it has also been very effective to take existing animations and either narrate them or to create movies based on how different members understand the movie (Imagine an audience reacting to a movie trailer).

 

Here is a sample of one animation my group narrated a couple of years ago (adolescent humor)

http://www.bgalephd.com/Practice/LUNCH/200...gbird_all4.html

 

In all animations, we credit the site where they were retrieved from and typically credit the author as well. Does anyone see a problem with this approach? Clinically, it's a wonderful way for kids and teens to improve their understanding of humor, social happenings, and to improve their perceptual skills.

 

If anyone has thoughts about this or is willing to individually grant me permission to use their animations, I would really appreciate it. Other than appearing on my website or being used in teaching/training examples, I will not use these animations for any commercial purpose without the express written permission of the author/creator.

 

Thanks!

 

Bruce M. Gale, PhD

BehaviorTech Solutions, Inc.

Clinical Psychologist PSY10598

Encino, CA

http://www.bgalephd.com

http://wwwbehaviortech.net

[brainmuffin]

I would think that what you are doing would fall under Fair Use:

 

http://en.wikipedia.org/wiki/Fair_use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

 

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.

[robcat2075]

I really think the copyright law intends that you get the owner's permission for a reuse like that.

 

It sounds like you'll be using most of the animation, not just a few seconds. So that would have rule #3 against you.

 

Since you are doing this as a tool or technique in your professional work, that takes it out of the "non-profit educational" realm (#1). I presume you are getting paid for your work as a psychologist.

 

Also the fact that you are putting it on the web takes it way beyond the notion of "in class" or "private" use.

 

If it's an animation you found on this forum, it's easy enough to ask the creator for permission. They will probably say yes.

[jzawacki]

Since you are doing this as a tool or technique in your professional work, that takes it out of the "non-profit educational" realm (#1). I presume you are getting paid for your work as a psychologist.

 

People do get paid working at non-profit organizations. It just has to be filed as a non-profit to fit into that criteria. As long as the work is deemed "owned" by the non-profit organization and not a for-profit, it would be fine.

 

But, getting permission is always the best method.. And like it was already stated, most would give you permission. It's only if you get a denied request that it would matter. Of course, the only way for them to stop you from doing what you want will cost both parties a crap load of money.

[jon]

the teaching part of fair use does not seem to be limited by classroom work, but the only certain way to determine if your use is legal is to be sued and win.

 

i'm sure most animators will have no problem with your project, so asking for permission is a painless way of minimizing your risk.

 

-jon