Copyright and Fair Use With ImagesTeri Crysel

Kennesaw State Univeristy

Copyright• Copyright protects works that are in a physical form such as poetry, movies, CD-

ROMs, video games, videos, plays, paintings, sheet music, recorded music performances, novels, software code, sculptures, photographs, choreography and architectural designs.

• Copyright does not protect ideas or facts.

• Works are automatically copyrighted when created, but you can also register your work in case you need to sue for infringement (Standford University Libraries)

Copyright• For works published after 1977 copyright lasts for the life of the author plus 70 years

• Works published after 1922, but before 1978 are protected for 95 years from the date of publication

• Works published before 1922 are not copyrighted

• The work is considered published when the author makes it available to the public (Stanford University Libraries)

Public Domain• Works in the public domain are not protected by intellectual property laws so

they are free to use without permission.

• Works published before 1923 are in public domain

• Works published between 1923 and 1964 for which copyrights were not renewed are in public domain (renewal was a requirement for works published before 1978)

• Some works fell into the public domain because they were published without a copyright notice (necessary before 1989)

• Some works are in the public domain because the owner has made them available to the public without copyright protection (Stanford University Libraries)

Fair Use• Fair use is a legal doctrine that allows the public to make limited uses of copyrighted

works without permission.

• Courts apply a four factor test of fair use to determine if someone has violated copyright law

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;(2) the nature of the copyrighted work;(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and(4) the effect of the use upon the potential market for or value of the copyrighted work.

Section 107 Copyright Act of 1976 http://www.copyright.gov/title17/92chap1.html#107

Teacher Guidelines

Court Caseshttp://fairuse.stanford.edu/overview/fair-use/cases/

Creative Commons

http://

AJ Cann (2007)

• Creative Commons is an effective way to source images, videos and documents while giving credit to the original owner. • Creative Commons creates a “some rights reserved”

model. • This means that the copyright owner retains copyright

ownership in their work while inviting certain uses of their work by the public. • Creative Commons licences create choice and options

for the copyright owner (Creative Commons, 2011)

Creative Commons

http://

AJ Cann (2007)

There are 4 primary license elements which are mixed to create a license:

(Creative Commons, 2011)

Flickr• Flickr is a website where you can store,

organize and share photos and videos

• You can also make them available for public use through a Creative Commons license

• Video on how to get Creative Commons pictures using Flickr

Digial PC Pachuca (2013)

Scenario #1Question: Can teachers and students get images off of Google and use them in blogs, websites and wikis?

Answer: No, you must assume all images are copyrighted. You can: -get permission to use the image from the creator -use an alternative that has a Creative Commons license -use an open image site like office.Microsoft.com

Scenario #2Question: Can teachers and students get images off of Google and use them in slide shows and documents?

Answer: Yes, as long as it is not published online you would be covered under Fair Use-don’t forget to cite your source/give attribution.

Scenario #3Question: A student found a picture at Flickr.com and posted it on the class blog. What two things are necessary for this to be legal?

Answer: 1. Make sure the picture has a Creative Commons license2. Give attribution to the creator

So what can I use?• All images you find online are protected by copyright law, which says pictures are the property of

whomever created them. • You always need the owner’s permission to use them. • But there are many places online where the artists have graciously posted pictures along with

permission to use them. • Compfight.com – searches Flickr for Creative Commons images. • Flickr – search for Creative Commons licenses• Wikimedia Commons - an open source movement to share high-quality images for nearly unrestricted

use (except attribution)• Stock.xchng - A free stock photo site now owned and operated by Getty Images.• Morguefile – high quality images that would have otherwise been on the cutting room floor• Everystockphoto.com – searches Flickr, Stock.xchg and other free picture sites from one search engine• Deviant art - select “Resources & Stock Images > Stock Images” to find creative commons images. • Government agencies – works created by the Canadian and U.S. governments are in the public domain• (Gabrielle, 2011)

So what can I use?• Microsoft Office Images• StockVault.net – Free images from photographers around the world• FindIcons.com – Huge resource for avatars or small images• Open Clipart Library – Public domain clipart (Burt, 2012)

ReferencesBurt, R. (2012). The Educator’s Guide to Copyright, Fair Use and Creative Commons. Retrieved from http://theedublogger.com/2012/02/09/the-educators-guide-to-copyright-fair-use-and-creative-commons/

Copyright and Fair Use Guidelines for Teachers. Retrieved from http://www.techlearning.com/techlearning/pdf/events/techforum/tx05/teachercopyright_chart.pdf

Gabrielle, B. (2011). Finding Pictures for Commercial Use in Power Point Slides. Retrieved from http://speakingppt.com/2011/03/07/commercial-pictures/

Stanford University Libraries. Retrieved fromhttp://fairuse.stanford.edu/overview/

Creative Commons-A Virtual Treasure Chest of Content (2011). Resource Link. Retrieved fromresourcelinkbce.wordpress.com/2011/06/03/creative-commons-a-virtual-treasure-chest-of-content/

Additional Informationhttp://theedublogger.com/2012/02/09/the-educators-guide-to-copyright-fair-use-and-creative-commons/

http://doncrowther.com/social-media/how-to-findpictures-online

http://speakingppt.com/2011/03/07/commercial-pictures/

http://copyright.columbia.edu/copyright/fair-use/practical-applications/posting-course-materials-online/

http://mediaeducationlab.com/powerpoint-slides-copyright-and-fair-use