Is it okay to publish a Irish-Duolingo pack on Anki?
I'm often travelling without Internet access. I don't mind that, except that I can't use the time to work with duolingo.
So I packed the content of the first duolingo skills (basic, animals, plural) into Anki decks. I found it very helpful, because I had to listen to audios a lot, write out sentences and so on.
There is very little Irish on Anki, and I'd like to publish these decks - in a way, they'd be a sort of gate-way for Anki users who never tried duolingo (yes, they exist; e.g. me, half a year ago), and I think they would be useful.
They do contain sentences from duolingo and sometimes audio. In other places, I used other audio sources on the net or spoke the words myself (but obviously, that's a second choice because my pronunciation can only be flawed). I didn't use any images from duolingo.
Is it okay to share them on Anki?
If you live in a country that is a signatory to the Berne Convention (most countries are), and your Anki decks contain Duolingo content, then whether it would be OK or not to share them on Anki without Duolingo’s written consent depends upon what your particular country allows for “fair use” (e.g. USA), “fair dealing” (e.g. UK and Commonwealth countries), or “right to quote” (other Berne Convention signatories), since those uses would be allowed despite Duolingo’s copyright in its content.
EDIT #1: The same applies regarding the rights of those people who hold the copyright to those other audio sources from the Net in your Anki decks, unless those recordings were explicitly placed into the public domain.
EDIT #2: In the case of the Irish course (as well as other Incubator courses) here, the course contributors hold the course’s copyright; Duolingo is a licensee of the course rather than its copyright holder (see §3 of the 2016-02-15 Terms and Conditions of Service).
I'm familiar with the term "fair use", I did some reading, and what I found amounts to:
- nonprofit educational work counts as free use
- that all the materials on duolingo are non-profit is an important factor:
" if somebody writes an article and gives it away for free, the author has himself severely limited the potential market and the value of his work. If somebody else then makes a copy of the work and puts it on a non-commercial website, he could be making a fair use of the work. Since the original was also given away for free, the effect of giving away copies via the website does not effect the potential market for the original work."
Also: - the anki-decks are not copies; I put in some extra information (and a lot of time) - the decks serve the exact same purpose as the material does on duolingo - duolingo is credited, so I don't claim the work as my own
I would like to have the explicit permission of the course contributors to be on the safe side, but that is obviously difficult because as far as I know, they are anonymous.
So far, Anki-decks seem a fair use according to the Berne convention. What do you think?
Do you live in a country that recognizes “fair use” rather than “fair dealing” or “right to quote”? If your country recognizes either “fair dealing” or “right to quote” rather than “fair use”, then “fair use” doesn’t apply to you.
Note the key word in your quote above — “… he could be making a fair use of the work”. Even US-style “fair use” isn’t as straightforward as “it’s non-profit and educational, so it qualifies as fair use”.
The time that you’ve put into creating your Anki decks is completely unrelated to whether publishing them would fall under fair use/fair dealing/right to quote or not. If you are the original source of the extra information in those decks, then you can do whatever you please with that extra information. If that extra information was in the public domain, then you can do whatever you please with that extra information except take it out of the public domain. If that extra information was not in the public domain, then its copyright is still held by other people. Crediting the material would avoid the possibility of plagiarism, but it would not avoid the possibility of copyright infringement if it didn’t fall under your country’s fair use/fair dealing/right to quote.
To obtain the explicit permission of the course creators, you could try replying to one of the existing comments of one of the course creators in the discussions here; it’s likely that each of the course creators is able to independently contact the other course creators to pass along your request, to ensure that you would be able to receive permission from all of them.
@scilling the situation is even more complex. A case could also be made for having to observe the law in the countries that you're publishing to.
Basically, the only safe bet is to ask the course contributors for explicit written permission.
Yes, particularly since the “Acceptable Content” section of ankiweb.net’s Terms and Conditions requires that uploaders assert that their decks do not contain “Content that you do not have the intellectual property rights to use, due to copyright, trademark, patent or other protection”.
I'm trying sooooo hard to stomp down the memory of that "easier to beg forgiveness later" adage right now. (Not a 100% successful, I'm afraid.)
Thanks for your input, especially about trying to make contact to the creators via the discussion forums.
cough There is another spaced-repetition service that has flashcards modeled after this Duolingo course. Let's call it... Cuimhnigh Éirígh. Cuimhn-éirí, even. But in English.
I like making them, but the whole kafka-esque copyright-issue are draining my motivation. It wouldn't be a problem if there was a way to ask for permission, but just finding that seems to be ten times harder than finding reminders that I have to get that permission.
Maybe I'll use yours, thanks for the link!
Thanks. But your file has 2350 notes and Duolingo vocabulary is 1422 words. Or not?