Digital Workshop

I have been asked to develop a training package by a client, based on a commercially available “off the shelf” program – the client can’t find a suitable training package from the application developer or an independent supplier.

I have no technical issues in developing the training material, only a legal one! Do I need consent from the application developer to use “screen grabs” from the application, which I intend to animate as part of the training package. If so, are there any guide lines as to the royalty payments that are likely to be required to be paid by me to the developer of the application demonstrated in the training package.

Any advice/guidance would be gratefully received.

Hi Peter
I'm not a copyright expert but I would think that an application's screen design would be copyright to the creator, in the same way that a painting or logo etc is copyright to the creator.
Also, if I have read your post correctly, you mentioned that you would be basing your publication on an 'off the shelf' programme. If you make your publication look and feel the same as the off the shelf publication, then you may well be in breach of copyright laws there as well.
This is what I would do;

1. Ask the application owners for copyright permission. Honestly, it would be in their interest to grant you this because your training programme could assist their sames and brand recognition.
I have created a few small test type revision pubs for my students using screen grabs and have not had any trouble obtaining copyright permission. Mind you these are not commercial productions and there was no monetary gain for me in creating them.

2. Ask your client if you can approach the application owner and see if you might be able to sell your creation to them as well. You might be able to create a 'win' for everyone and find a market where there are others who would like a training programme.

3. Make sure your publication look and feel is sufficiently different from the 'off the shelf' programme so it is can easily be seen to be different in look, feel and functionality.

If this project is worth some money it might be an investment to get legal opinion. As is often said, free legal advice is worth exactly what you paid for it!

Good luck with your deliberations!

Graham

If you want to make a similar product, I strongly doubt the owners of the commercially available package will give you permission (under any circumstances) to use any of their material -- you can always ask them, of course.
Even though they don't make a suitable package for your client now, doesn't mean they won't in the future. They will want to keep their options open.

If you take "Screen grabs" from another product without permission to use in a similar application, you will be on very dangerous ground.
They are likely to take legal action to protect their copyright.

Copying material from websites without permission is often tolerated (although it usually breaches copyright) because it is easy to get a site taken down if necessary, but it will not be tolerated in another application of a similar type.

Paul

Peter, when you said "off the shelf" did you mean something like Microsoft word as an application, or a training product for a given application?

Please clarify since the posts above might appear to point to something on the lines of creating a training material to "resemble" an already available product.
If there are copyright issues say for creating a tutorial for say microsoft word then I am formatting my disks worried that the grey suits from the application owners might be on my case...
People with experience on this please enlighten us...

Some years back, so things might have changed, I had no difficulties in obtaining copyright permissions to develop tutorials for both MS Word and WordPerfect. Corel even asked if I would like to use their logos in appropriate situations, and also granted that permission.

One restriction both organisations imposed was this: I had to use screen shots of their applications which did not alter the appearances of the original applications.

So, I agree with Graham's suggestion: ask.

If you create something using screen grabs of someone else's software without permission, you will be in violation of copyright laws just about anywhere in the world. If you make hundreds or thousands of copies with a large profit, there's an excellent chance you'll get a letter instructing you to stop, then you may get dragged into court for damages.

On the other hand, if this project is for one client who makes one copy which is not re-sold, and is used internally for training which possibly generates the sales of additional copies of the copyrighted software, you are still in violation of copyright laws, but it's not likely anyone is going to hire an attorney to stop you. It's a moral issue which normally is triggered by large amounts of money.

Others have wisely suggested writing and getting permission. Mention it's not for resale, only for internal training. Send it Registered Mail with a return receipt. You can probably build it before the lawyers get around to answering your request. Remember: "It's easier to ask for forgiveness, than permission." Normally, I am hired by the copyright holder to create their own CBT so this is not an issue. I'd probably "fly under the radar" as long as this is just an internal training piece.

If it's good, maybe you could later write to the copyright holder and ask if they had ever considered using a CBT tool. Obviously, don't show it to them, or even mention it. Make sure you have an up front agreement with your current client over your ability to re-sell your work, then you might get a second fee for your hard work. Just an idea.

Thanks everbody for the replies, I thought I would have to get consent from the developer of the original application - I just wanted to get some early feedback from the members of the forum.

The intention is to build a training package that will teach the user how to use an "off the self" network design application - so the only thing I will actually need is the screen grabs copyright cleared by the application developer - which I will now follow up.

Once again thanks everybody for the rapid replies.