Copyright and Digital Images Image source: ronnie burt/ Pinterest.com Since “Dexter the cat hates those that steal his photos,” I got permission to use them from owner, fellow Twit, and Edublogger Ronnie Burt.

Ignorance of the Law is no excuse! ALL work, digital or otherwise, created and owned by others should have proper citations and permissions. (Note: Attribution via citation DOES NOT release you from the responsibility of getting permission to use copyrighted material!) But I cited it…

The Legal-ese Some exceptions to getting express owner permission are covered by Fair Use in Copyright Act Section 107 – the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. – In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; – the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work. Source: 17 USC Section USC Section 107

Translation Please?

Sure! When you use an image—especially on a website, you need to consider: #1: Do you understand the term fair use? #2: Why are you using the image? #3: Have you transformed the image? #4: How much of the image are you using? #5: Are you willing to risk your site being taken down, getting a cease and desist/bill/DMCA or being sued? (Hawkins, n.d.)

The Fly in the Ointment (or the parmesan…) (McCall, 2009) “While invaluable to both the scholar and the pitchman, it should be noted that fair use is not a right but a defense (emphasis is mine) to copyright infringement. As such, it should be looked upon as a privilege, and not a right. The central point is that certain fair use decisions involve risk.“ (Fair Use, n.d.)

So what’s a girl (or guy) to do?

Use These Types of Resources Stock Photos – Stock photo services often require you to pay for a license Stock.Xchg Creative Commons – Creative Commons licenses confer the right to use an image under certain circumstances Flickr, Google Images, and Morguefile Public Domain – public domain images are not subject to copyright in the first place EveryStockPhoto.com

Key Points to Remember “Images may be downloaded for student projects and teacher lessons;” however, uploading afterwards requires permission. There are numerous sites providing images with public domain or creative commons licensing. Your media specialist is here to help.

USER BEWARE!

Test Your Knowledge Ms. Valenzuela’s class is producing a website, and you have found several graphics on other websites that you would like to include on the site. The original source is being given credit. Are you in violation? Why or why not?

Test Your Knowledge Mr. Reeves has downloaded pictures and information on environmental science from commercial and noncommercial sites. He has stored them in a folder for you and your classmates to use in a multimedia project. Is this covered under “Fair Use?” Explain.

Test Your Knowledge A number of students from Ms. Brookins’ class have taken pictures of local streets and businesses to use for their web projects. Is this permissible? Morguefile Image URI:

References Copyright and FairUse Guidelines for Teachers. (n.d.). USG.EDU. Retrieved July 4, 2013, from CO.430.ITEC /7445_ModFour/Copyright&FairUsebyTechnologyandLearning.pdf?_&d2l SessionVal=kQlo1MtAG7S3Y8BnywpQhfUVm CO.430.ITEC /7445_ModFour/Copyright&FairUsebyTechnologyandLearning.pdf?_&d2l SessionVal=kQlo1MtAG7S3Y8BnywpQhfUVm Fair Use in a Nutshell. (n.d.). The Jassin Office - Publishing Law, Intellectual Property, Entertainment Contracts, Trademark Registration, Branding, and Copyright Law. Retrieved July 5, 2013, from Hawkins, S. (n.d.). Copyright Fair Use and How it Works for Online Images | Social Media Examiner. Social Media Examiner: Social media marketing how to, research, case studies, news and more!. Retrieved July 6, 2013, from images/ images/ Indian Scops Owl - Otus bakkamoena - Information, Pictures. (n.d.). The Owl Pages - About Owls - photos, calls, books, art, mythology and more.. Retrieved July 8, 2013, from The Campus Guide to Copyright Compliance. (n.d.). Copyright Licensing Experts | Copyright Clearance Center. Retrieved July 5, 2013, from