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Modelos Basados en las Frecuencias de los Datos

Definición 24. (La Agregación) A la hora formar expresiones complejas, también debe mencionarse otra de las conectivas lógicas debe proporcionar un lenguaje de

3.4 La Discriminación y la Clasificación de Objetos

3.4.1 Técnicas de Representación de una Colección de Objetos

3.4.1.1 Modelos Basados en las Frecuencias de los Datos

Key Points:

• A copyright permission should always be in writing and clearly indicate who is agreeing and what they are agreeing to.

• Make sure your agreement covers everything you want to do with the material, and applies to all the underlying copyright items.

• At a minimum, you should always obtain permission to reproduce and communicate the material for the purpose of your project.

• If you want to attach a copyright licence to the material, make sure you have permission to do this too.

• You may also need to obtain moral rights permission.

• Always consider whether your use may impact on other legal rights such as privacy or defamation.

4.2.1 Formalities

You should always ensure that any permission you get from the copyright owner is in writing, and that you have a clear indication of their agreement (eg a signature). If you are transferring the copyright (eg from the original author to the new copyright owner) this is a legal requirement. But even if you are only obtaining a limited permission or licence it is still a good idea.

If you have reached a verbal agreement with the copyright owner, follow up by sending a letter or email setting out the permission, and asking them to confirm their agreement. Make sure the permission makes it clear who is agreeing, and what they are agreeing to.

Other than being in writing, the permission does not have to be a formal legal document to be valid. A simple agreement between two parties will still be upheld by a court, as long as it is clear what the agreement allows and that both parties have accepted it. However, if

your agreement is complex or involves commercial use, it is a good idea to get a lawyer’s advice.

4.2.2 Different Approaches to Getting Permission

When asking permission to use copyright material, you must make sure that you ask for all the rights you need to use the material. A good way to do this is to spell out exactly how you plan to use the material (eg ‘I would like permission to post the photograph to my blog to illustrate an article on X’). However, if you make the permission too specific you will need to go back to ask permission for future uses (eg if you then decide to post the article to other forums). Another approach is to ask for a licence to use specific copyright rights (eg ‘I request a world-wide, non-exclusive licence to reproduce and communicate the work to the public for the duration of copyright’). This makes the permission more flexible for future uses. However, it also makes it harder to ensure that you have all the rights you need.

Either approach, or a combination of the two, is valid, as long as it is clear that the permission covers your use.

4.2.3 Your Treatment of the Material

It is often a good idea to tell the person you are seeking permission from how you intend to display the material. For example, you might want to say how you will provide attribution, what resolution you will use for any images, whether there are advertisements on the page. This reassures the owner and gives them a chance to add any extra details they require (eg attribution of their funding body).

4.2.4 What Rights Do You Need?

The two rights that you will always need when you are using material in a blog, wiki, podcast or vodcast are:

• the right to communicate the material to the public.

In addition, you may need other rights, such as the right to publicly perform, adapt or publish the material, depending on the type of material and how you are using it. For more information on these rights and how they work see 2.8.

4.2.5 Don’t Forget the Underlying Material

Always ensure you have permission for all the copyright works included in the product you wish to use. Remember that a single product can often contain a number of different copyright works (eg the script, illustrations, the soundtrack, the musical arrangement). This is particularly the case for film and sound recordings. You need permission for any of these elements you intend to use.

For more information on multi-layered copyright see 2.7.

4.2.6 Licensing the Material

If you intend to attach a copyright licence to the material, or let others use it, you will need to ensure that you have the right to license the material to others. For example, if you plan to include a song in the soundtrack of a vodcast, which you then intend to let others download and remix, you must include this information in your agreement.

4.2.7 Moral Rights

Do not forget that as well as obtaining copyright permissions, you must also honour any moral rights in the material by correctly attributing the author and not treating the work in a way that is prejudicial to the author’s honour. If you do not intend to do so, you will usually need to obtain consent from the original creator. For more information on moral rights, see 2.10.2.

4.2.8 Other Laws?

Finally, always give thought to whether your use might infringe other legal rights besides copyright. For example, if you are using a photograph of a person in an advertisement, you may need a model release from that person.

A copyright licence will not protect you from liability for breach of other areas of law such as privacy, trademark or patent infringement, or defamation. If you think that your use might impact upon these or other rights, you should obtain legal advice.