Copyright law: use of illustrations and photographs Created By: Jennifer Marsh

Copyright basics It protects words, pictures, movies, software, and music that are in a tangible state. Copyright protection occurs automatically without any other action required. Protection is granted to the works from the time it was created until seventy years after the owner’s death. Fair Use extends the means to use copyrighted material

Fair use factors Fair Use usually permits the use of certain material without the permission of the author in an educational context. There are four factors that decide when fair use is applicable. What purpose will it be used? Is the work published, factual or educational? Is only a small portion of the work used? Is there potential to effect the market of the work?

Scenario 1 Would this be considered fair use? Mrs. Johnson, a third grade teacher, creates a PowerPoint presentation to introduce the unit on pollution. The presentation includes several photographs she found on the web. However, she was not granted permission from the owner to use the photographs. Would this be considered fair use?

Fair use applies The copyright fair use provision supports the use of photographs in an non-profit educational setting. Another contributing factor is that five or less images from the same photographer/artist was used, therefore it is fair use of the photographs.

Scenario 2 Would this be considered fair use? Mrs. Johnson creates a class webpage to try to improve her school and home communication. She felt it would be beneficial if students could have access to the material covered in school at home. She decides to upload the pollution PowerPoint for her students to review with their parents at home. She also does not think about citing the use of the photographs used in the PowerPoint since it is for an educational purpose. Would this be considered fair use?

Fair use may not apply Making the PowerPoint available on the web broadens the field to public distribution instead of exclusively educational use. Now, it may be hard to guarantee that its use is for instructional purposes only.

Scenario 3 Would this be considered fair use? Bobby is required to write a five page report on The White House for his history class. He includes a picture of The White House in his report that he received off www.whitehouse.gov. He fails to gain permission from the photographer, but he cites his source on his resources page. Would this be considered fair use?

Fair use applies Again, the copyright fair use provision supports the use of photographs in an non-profit educational setting. As long as the production is not for public distribution and is available in the public domain, it is considered fair use.

Things to remember Single photographs and illustrations can be used, but only five or less by the same artist or photographer. No more than 15 pictures or 10 percent of a collection may be used. When in doubt, get permission.