Copyright, Fair Use, And Images, Oh My! Image made with tagzedo.com Copyright, Fair Use, And Images, Oh My! What is it? What does it protect? What images can I use? By Adam Meador

What is protected by copyright? Poetry Movies CD-ROMS Video Games Videos Plays Paintings Sheet Music Recorded Music Performances Novels Software Code Sculptures Photographs & Images Choreography Architectural Designs Image made with: http://www.photo-notes.net/

What is not protected by copyright? Ideas Facts Discoveries Compilations Listings Databases Titles Names Slogans Phrases Works of the U.S. Government Common Social Property

How long does Copyright last? (Before1922) Works published are public domain. (Before 1978) Works created but unpublished last for the life of the author +70 years. (1922 – 1978) Works protected for 95 years after publication date. (1977 – Now) Works made last for the life of the author +70 years. (1977 – Now) Commissioned works, works made under employment, under pseudonym, or published anonymously last for 95-120 years.

Fair Use Considerations For Images Fair use is embedded into U.S. law and allows for certain uses of copyright-protected works i.e. images. When in doubt, ask the author for permission to use. “Fair Use” does not mean “Fair Game” or “Free Use”. Lower copyright infringement risk by determining Fair Use and assuming every image you find online is copyrighted. Image made with: http://www.photo-notes.net/

What types of images are safest to use? Images in the Public Domain U.S. Government photos & images Images where the copyright owner has stated permission is not needed to freely use. Copyrighted images that you have asked permission to use and have properly credited. Images with Creative Commons licenses that are openly licensed. Purchased stock photos Images with “free to use, share or modify, even commercially” usage rights. Images designated “copyright-free”. Images made with: http://www.photo-notes.net/

Scenario 1 You want to use a beautiful photo from the NASA website for use in your upcoming science webquest about the solar system? Do you have permission to do so? Yes! Go right ahead! Images from the NASA site are Government works! Image Credit: X-ray: NASA/CXC/Caltech/P.Ogle et al; Optical: NASA/STScI; IR: NASA/JPL-Caltech; Radio: NSF/NRAO/VLA Checkmark image from: https://openclipart.org/

Scenario 2 You want to create a funny meme to capture the attention of your high school math students at the beginning of tomorrow’s lecture. Is it okay to add text to an image if you are unsure of the image’s copyright usage? Yes! Go right ahead! When you transform and add commentary to an image for parody or satire purposes, you are protected. Image from: http://www.quickmeme.com Checkmark image from: https://openclipart.org/

Scenario 3 The following week your grade level team is throwing a small fundraiser to generate funds for school supplies. The theme will be a popcorn and Sprite party. It is your responsibility to draft this week’s parent newsletter. Your room mother has a small photography business and has given you permission to use an image of a Sprite bottle she took. You are concerned about distributing something with a registered trademark in the image. Yes! Go right ahead! If you feel confident that parents won’t perceive that Sprite is endorsing your fundraiser, you are free to use the image and are protected by “Fair Use” . Photo by Jeff Wilcox (open license) Checkmark image from: https://openclipart.org/

Conclusion Image made with: http://www.photo-notes.net/ Always get the image author’s permission before use (if needed). Copyright protects an author’s original or creative expression not their ideas. Copyright is in place to protect an author’s existing works and also encourage the production of new works by others. Be smart and choose images that are openly licensed and require no permission to use. If you are ever in doubt of an image’s usage rights, find another image you feel comfortable using. Fair use is the balance between protecting the creator and promoting the interests of the public. Image made with: http://www.photo-notes.net/

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