Copyright, Fair Use and images Ashley Kinser ITEC 7445 Summer 2016

Copyright Purpose: legal protection for creators of the original content begins: the moment the content becomes a tangible medium (video, Image, printed material, etc.) Duration: The entire life of the creator plus 70 years protected: literary works (essays, novels, poems, etc.), art works (drawings, paintings, photographs, etc.) films and audiovisuals Public domain is not protected by copyright due to expiration or belonging to a category that is not protected. Works published prior to 1923 are public domain Works between 1923 and 1963 that did not have a renewed copyright are public domain Works since 1989 are protected by copyright

Fair use Purpose: allows use of copyrighted material for specific situations Unique to the united states Not an exception to copyright laws Four factors to help predict if usage is “Fair use” Fair use: Recognition that some uses of a copyrighted work does not need permission from the author due to the minimal use and lack of interfering with the copyright holder’s exclusive rights.

Four Factors of Fair use Purpose and character Nature of the copyrighted work Amount and substantiality of used portion Effect of use on potential market Purpose and Character: Commercial vs. Nonprofit, helping oneself or business gain financial benefits (not fair use) Nature of work: factual work (fair use) creative work (more likely not fair use) Amount and Substantiality: no set amount, courts get to make common-sense judgement on the amount used Effect on potential market: does it compete or diminish potential market?

Specific laws for images What is an image? Illustration Collection of illustrations Photographs Collection of photographs The law: Single work No more than five images from same artist/photographer/author From collection no more than 15 images or ten percent of total collection (whichever is less) Public domain images can be used but need to be checked to see if they are included in a copyright collection

Photocopying images Personal use Educational use Personal use - fair use if copying for own personal use Violate copyright if copied and sent to another individual Educational use Allowed under fair use in class presentation and distribution to class Usage of copied image in following years weakens fair use agreement Placing on private website fair use Placing on website viewable by public is violating copyright unless permission is obtained from author

Scenario one Ms. Gray is creating a class webpage for her journalism class in canvas. She wants to copy and paste a few images from the internet to make the webpage more appealing to her students. Is Ms. Gray using the images correctly according to copyright laws and fair use policies? Lets look at three different scenarios to determine if the teachers are using the appropriate guidelines for copyright and fair use.

Scenario one answer Where are images being posted? Canvas a private site If the website was public, Ms. Gray would need to check to see if the image is copyrighted and if the author allows fair use of image. If there is uncertainty, Ms. Gray should contact the author for authorization before copying and pasting to her webpage. Checking with author for authorization can take some time. So Spontaneous Fair Use states if there isn’t enough time to get permission it is fair use. However, material can’t be repeated and CCC allows permission to be obtained quick. So make sure to try and obtain permission.

Scenario two Mr. Thomas, the yearbook teacher, is planning to show students an entire collection of photographs by one single author. The photographs are being used to help students learn how to photograph an athlete in action. Can Mr. Thomas use the entire collection to demonstrate this particular concept to the class?

Scenario two answer The law states that no more than five images from a single artist/photographer can be used. In this scenario Mr. Thomas is using images from a collection. He can use up to 15 images or ten percent (whichever is less) of images from the collection. Therefore, he cannot use the entire collection to demonstrate the concept. What suggestions would you give Mr. Thomas? Do not use the entire collection Look for various artist if more images are needed – use less images from each artist!!

Scenario three As you were reading a book on electric circuits, you came across a detailed image showing the difference between a series circuit and a parallel circuit. You only have one copy of the book so you decide to run to the copy machine and make a copy of the image for each student to place in their notebook. Does this use of photocopying the image from the original book violate copyright Laws or fair use policies?

Scenario three answer The image was being used for educational use. Therefore, the image Is covered under fair use. Is it ok for your to make copies for distribution to your students? Yes still covered under fair use. Should you save the image to place in lesson notes and use the following years to come? Using images in following years weakens the fair use agreement. It may be best to obtain permission from the author or make a note in your lesson plans to refer back to the specific book next year to see if you want to photocopy the image for the new students.

references Chmielewski, T. (n.d) Does photocopying an image out of a book violate copyright laws? Retrieved from http://yourbusiness.azcentral.com/photocopying-image-out-book-violate- copyright-laws-2805.html# Davidson, H. (2002, October) Copyright and fair use guidelines for teachers. Retrieved from http://www.halldavidson.net/copyrightTEACH.pdf Hansen, J. (2011, May). Copyright issues in teaching: Issues for on-ground to online courses. Retrieved from https://www.softchalkcloud.com/lesson/files/OpbRiU64M1YXad/CopyrightByJonHansen_KSU. pdf

References continued Stim, R. (2010, October). Copyright basics FAQ. Retrieved from http://fairuse.stanford.edu/overview/faqs/copyright-basics/ Stim, R. (2010, October). What is fair use? Retrieved from http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/