Copyright & Fair Use -

Images
JESSICA VAUGHN
ITEC 7445
SUMMER 2016
 What is Copyright?

Copyright is a legal right given to creators of original works. The creators

have exclusive rights to the use and the distribution of their original
creative works.
Copyright protects the actual expression of ideas, not the ideas
themselves.
Copyright extends over most forms of intellectual property including:
literature, paintings, music, sculptures, recordings, photographs,
choreography, software code, architectural design, etc.
To be covered by copyright, works must have existed in a tangible,
physical form for some period of time.
There is no required paperwork or application for copyright protection. It
Copyright vs. Plagiarism

Don't make the mistake of thinking that including

quotation marks or crediting the creator/owner satisfies
copyright requirements.
If you properly quote and give credit to a work's author or
creator, you can avoid plagiarism, but you may still be
guilty of copyright infringement.
 What is Fair Use?

Fair use is an exception to copyright laws. Under some circumstances, you are allowed to
use portions of copyrighted works, without violating copyright laws.
Research
Education
Commentary
Reporting
Criticism
Things to consider when evaluating for fair use:
Purpose/character (commercial, nonprofit, educational)
Nature of the copyrighted work
Amount of the original work being used
Potential market for new use or value of the original work
 Fair Use of IMAGES

Images are subject to copyright and intellectual property

regulations.
Before using images consider if the use meets one of the
four fair use criteria.
If it doesnt meet one of the fair use requirements, then
consider finding a different image, or pay for the right to
use the image.
Many images online are free to use without copyright
infringement, but make sure you verify if it is free to use, if
not meeting one of the fair use criteria.
Scenario #1

Mrs. Samuels creates a video of a lesson using a

Power Point that she created teaching her students
about different habitats and animals. To add visual
interest, she includes images of different animals and
habitats that she scanned from a travel brochure.
IsMrs. Samuels use of images on her video lesson
covered under fair use?
 Scenario #1 - Analysis

Questions to consider to determine if the use of Mrs. Samuels images of

animals is acceptable-
1. Did Mrs. Samuels transform the images in any way? Is the use and
purpose the same as the original work?
No.Mrs. Samuels used the images exactly as they were, and used them in a
similar purpose.
2. Was the material taken in an appropriate kind and amount of the
original work?
Probably not. Both her use and the original work was probably for visual
interest.
Improvements: If using images for aesthetic purposes, Mrs. Samuel should
search websites that offer free images that are free of copyright regulations.
Scenario #2

Professor Holman teaches art history. He wants to

teach a unit on a specific type of paintings. He
searches for images of paintings and finds
photographs of paintings on Flickr. He downloads
the pictures and shares them online with his
students.
IsProfessor Holmans use of images of paintings
a violation of copyright laws?
 Scenario #2 - Analysis

There are two different concerns with Professor Holmans use of the
images of the paintings. The actual paintings, and the photographs of
the paintings, are both potential copyright violations.
The paintings themselves, since painted in the 19th century are
considered public domain, and therefore acceptable for use in
Professor Holmans course.
The photographs are a little more tricky. In 1999, a federal court ruling
found that a direct photographic representation of a two dimensional
work of art does not have enough originality to be protected by
copyright legislation. However, to be safe, Professor Holman could have
linked to the original Flickr website rather than downloading and
sharing the photographs as his own.
Scenario #3

Mrs.
Jackson frequently uses clip art and other
images found online for her lessons. Her lessons are
shared with other teachers in her department.
How can Mrs. Jackson be cautious of copyright
concerns when sharing lessons that contain images
she found online?
Scenario #3 - Analysis

First, to ensure that the images are covered by fair use,

Mrs. Jackson should make sure the images used serve
educational purposes, and arent just for aesthetics.
Mrs. Jackson should not post her lessons publicly. She
should share them with her colleagues, and explain to her
colleagues the concern with mass sharing of her lessons.
When searching for appropriate images, Mrs. Jackson
should only look for images that are royalty free, that can
be used and shared with her students and colleagues.
Sources

About Copyright - Copyright Clearance Center. (n.d.). Retrieved July 01, 2016,
from http://www.copyright.com/learn/about-copyright/
Copyright and fair use guidelines for teachers. (n.d.). Retrieved July 01, 2016, from
https://www.softchalkcloud.com/lesson/files/OpbRiU64M1YXad/Copyright&FairUseb
yTechnologyandLearning.pdf
Cornell copyright decision tree. (2013, October). Retrieved July 01, 2016, from
http://copyright.cornell.edu/resources/docs/Copyright_Decision_Tree.pdf
Fair Use and Copyright for Online Education: Copyright. (2016). Retrieved July 01,
2016, from http://uri.libguides.com/c.php?g=42599
Images: Copyright & Fair Use. (2016, June 30). Retrieved July 01, 2016, from
http://libguides.owu.edu/Images/Images_FairUse
Stanford copyright and fair use. (2013). Retrieved July 01, 2016, from
http://fairuse.stanford.edu/