Copyright infringement or not?

[OneLove]

Hi all,

New poster but long time 'lurker' if that doesn't sound too strange

Firstly, as someone who has run a forum for many years, a big thanks to AndyJ and all those who contribute to the site - appreciate all the help & advice posted that I have read and used - has been of a great help previously!

So, in an attempt to avoid any potential issues with a new site I wondered what the answers to the following would be:

I have noted an issue with a well known website that is rather frustrating for the users.
I wanted to publish on a website a workaround to assist users resolve this issue.
The website would have adverts so would be classed as commercial.

Would a screenshot(s) of the website be classed as copyright infringement?

Would a video, displaying my screen, showing me navigating the website and the way to resolve the issue be classed as copyright infringement?

There are conflicting answers out there, many relating to the US - we are UK based.

Thanks in advance!

[AndyJ]

Hi OneLove,

Welcome to the forum.

It sounds like what you propse would fall under criticism or review of the other site so it should be covered by section 30 of the Copyright Designs and Patents Act provided that you keep the amount of screenshots to the minimum necessary to achieve your aim. The second requirement is to credit the other site but I think this is a given since you want to highlight an issue with their site.

The principle behind Section 30 is that it is fair dealing in the other work. In order to qualify for this exception it is important that your use of their copyright work (the graphics on their site etc) is for the single purpose of highlighting the problem and is not an attempt to free-ride on their reputation or for SEO purposes etc. This is particularly important if the screenshots also include recognisable trade marks of the other company since trade mark law does not have a similar exception for criticism or review.

It doesn't really matter if you do this by use of still screenshots or a video walkthrough, so long as what is on display is the minimum necessary for the purpose of your review. While the presence of adverts on your site would probably make the use commercial, that doesn't matter as far as section 30 is concerned, unlike some of the other fair dealing exceptions.