Copyright 1
Copyright 1
Use of Images
Courtney Carver
ITEC 7445
Summer 2017
What is Copyright?
Protects creative works: words, pictures, movies, music, etc.
Must be tangible and creative
Currently lasts the life of the creator + 70 years
Not Covered: ideas, facts, discoveries, work of the US Government
Owner Rights:
Reproduce and/or distribute the work
Publicly display the work
What is Fair Use?
Use of a work does not require copyright holders authorization
Use is minimal enough to not interfere with holders exclusive rights to
reproduce and reuse the work
Designed to allow the use of the copyright protected work for
commentary, parody, news reporting, research and education.
Not a straightforward concept, fair use analysis must be on a case-by-case
basis.
Be careful! Fair Use is not a license to steal! When in doubt, ask
permission.
Four Factors of Fair Use
1. Purpose - is for nonprofit educational purposes
2. Nature - use of purely factual work is more likely fair use than someones
creative work
3. Amount - use common-sense judgement about whether too much of the
original work is being used.
4. Effect - on the potential market for or value of the copyright protected
work
Rules About using Images in your Classroom
1. Just because you found it on Google doesnt make it free!
2. Look for Creative Commons
a. Give credit to the creator with a link
b. Make sure you wont profit in any way
c. Anything with that content you must give the same credit
3. Look under images for sayings such as All Rights Reserved (must have
permission) and Some Rights Reserved (a creative commons license
applies)
4. Public Domain images are free and available for unrestricted use.
Scenario 1
Use the Fair List Checklist * to help you decide!
The Checklist is licensed by a Creative Commons Attribution License with attribution to the original creators of the checklist Kenneth D. Crews
(formerly of Columbia University) and Dwayne K. Buttler (University of Louisville).
Scenario 1 - answer
Because the use occurs in the face-to-face classroom, the instructor does not
need to seek permission to use the copyrighted images. Displaying
copyrighted works for classroom purposes is allowed under section 110 of
U.S. Copyright Law.
Scenario 2
Use the Fair List Checklist * to help you decide!
A teacher would like to use a copyrighted news photograph into a poster she will
be presenting at an education conference. Is this fair use?
The Checklist is licensed by a Creative Commons Attribution License with attribution to the original creators of the checklist Kenneth D. Crews
(formerly of Columbia University) and Dwayne K. Buttler (University of Louisville).
Scenario 2 - answer
The teacher should ensure this falls under fair use by ensuring the image is
accompanied by commentary or criticism. If the photograph is being used for
decorative purposes, then it may not fall under fair use, and they should seek
permission.
Scenario 3
Use the Fair List Checklist * to help you decide!
You have created a PowerPoint with images for instructional purposes in your
classroom. You want to post this PowerPoint to Canvas for you students to access
at home. Is this considered okay under fair use?
The Checklist is licensed by a Creative Commons Attribution License with attribution to the original creators of the checklist Kenneth D. Crews
(formerly of Columbia University) and Dwayne K. Buttler (University of Louisville).
Scenario 3 - answer
Yes, this would be considered fair use, as long as the presentation has a
pedagogical purpose that is clearly stated and access is restricted to students
currently enrolled in the course.
References
Copyright Clearance Center. (2017, April 10). About Copyright. Retrieved July 3,
2017, from http://www.copyright.com/learn/about-copyright/
Education World. (2010). Is Fair Use a License to Steal? Retrieved July 3, 2017,
from http://www.educationworld.com/a_curr/curr280b.shtml
Waters, S. (2017, January 23). The Educators Guied to Copyright, Fair Use, and
Creative Commons. Retrieved July 3, 2017, from