advertisments as stimuli

2004-04-12 Thread Patrick O. Dolan
I have a copyright/ethics question that I am hoping some of you can
help me with.  I have a student who wants to use TV commercials as
stimuli in an experiment- does she need to get permission do use them?
I don't know exactly what the task will be but essentially subject
will be asked to view them then respond to them (opinion of them,
memory for them, etc.).

Thanks for any insight

Patrick

**
Patrick O. Dolan, Ph.D.
Assistant Professor
Department of Psychology
Drew University
Madison, NJ  07940
973-408-3558
[EMAIL PROTECTED]
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Re: advertisments as stimuli

2004-04-12 Thread David Campbell
I, too, have a student using TV commercials in a research project.  
These ads are placed on the air free to viewers in hopes that they 
will be viewed.  I can't see how the ad agencies would want to be 
bothered with copywrite paperwork if a researcher wanted to extend the 
viewing of these ads by showing them to research participants.  For an 
analogy, would you seek out permission from the publisher to use a 
passage from Lord of the Flies in an experiment?  Probably not.  But 
if you wanted to publish (for profit) a book using this passage, then 
permission would be needed.

The real copyright infringement would come up if you were to take parts 
of these ads to incorporate into your own ads for something you were 
selling.  Everything changes when your intention is to make money off of 
someone else's work.

--Dave

Patrick O. Dolan wrote:

I have a copyright/ethics question that I am hoping some of you can
help me with.  I have a student who wants to use TV commercials as
stimuli in an experiment- does she need to get permission do use them?
I don't know exactly what the task will be but essentially subject
will be asked to view them then respond to them (opinion of them,
memory for them, etc.).
Thanks for any insight

Patrick

**
Patrick O. Dolan, Ph.D.
Assistant Professor
Department of Psychology
Drew University
Madison, NJ  07940
973-408-3558
[EMAIL PROTECTED]
**
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--
___
David E. Campbell, Ph.D.[EMAIL PROTECTED]
Department of PsychologyPhone: 707-826-3721
Humboldt State University   FAX:   707-826-4993
Arcata, CA  95521-8299  www.humboldt.edu/~campbell/psyc.htm


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Re: advertisments as stimuli

2004-04-12 Thread moravcik

Although I am not an expert on copyright law (and cannot give legal advice), I think 
what you are describing would probably fall under fair use.  I have copied the 
following section of federal law from Cornell's web-site (without specific 
permission).  I hope it helps.

Title 17, Sec. 107. - Limitations on exclusive rights: 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. 

The fact that a work is unpublished shall not itself bar a finding of fair use if such 
finding is made upon consideration of all the above factors




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