Keeping It Legal: Finding Images for Your Online Course

Legal Disclaimer: This presentation is intended for educational purposes. It cannot replace the advice of your attorney who is familiar with the details of your situation. Your participation in this session does not create an attorney-client relationship with the presenter.

What is Copyright? the creator's right to control the copying of his work. (U.S. Code Title 17 §106) The creator has the right to copy, distribute, display, adapt, and perform the work.

Common Misconceptions I'm an educator, can't I use whatever materials I require in order to teach? No. It is true that Section 110 of the US Code gives educators a wide array of exceptions to section 106. In part it states that performance or display of a work by instructors or pupils in the course of face-to-face teaching activities is not an infringement of copyright - which means that within the confines of the classroom instructors have a lot of leeway. But it's not the carte blanche many instructors believe it to be. More importantly to this workshop, this leeway only applies to face-to-face teaching, and doesn't apply online.

Common Misconceptions I'm an educator, won't the TEACH Act let me do the same thing online I am allowed to do in the classroom? No. The TEACH Act is relatively limited in what it allows you to digitize and share with your students. Further, the TEACH Act requires institutional involvement, including a publicized institutional copyright policy and technological measures beyond password protection to ensure compliance with the TEACH Act. You will have to be sure you can comply with these requirements to take advantage of the TEACH Act.

Common Misconceptions I'm an educator, can't I use whatever I need to under theory of fair use? No. Applying fair use depends on several factors. The most honest answer would be "it depends" — the best initial answer to every legal question — because there are always details that can sway an analysis one way or another. The problem with using materials under a theory of fair use is that you'll never know if you are correct unless you go to court over it. Fair use is decided on a case by case basis.

Common Misconceptions I found it on the Internet, doesn't that mean I can freely use it? No. Copyright applies to materials on the Internet. The creator chose to publish it there, and can take it down at any time. Nothing about this gives you the permission to republish it elsewhere. (Other theories may let you republish it, but just the fact that it is already online is not sufficient.)

Common Misconceptions But you can find it everywhere on the Internet already, doesn't that mean I can use it? No. In fact, being "everywhere" online may make it harder for you to legally use the image, since it'll be more difficult to find the actual creator.

Common Misconceptions I'm using the textbook, can't I just scan images out of it for my class? No. Not for your online class. Luckily textbook companies have reps that can be contacted for permissions in these circumstances, and your continued use of the book for the class may be sufficient incentive to garner permission.

Common Misconceptions I cited the author or website where I found the image, doesn't that mean I can use it? No. Don’t confuse academic honesty (i.e., failing to plagiarize) with copyright law compliance. The two are entirely distinct from one another, except maybe for demonstrating the intent of the infringing party should a copyright case go to court.

Common Misconceptions I only plan to use 10% of the book, so that makes it okay, right? No. Percentages, word counts, line counts, and page counts are all useful, but are not the only component of a fair use analysis. We'll discuss the various fair use guidelines briefly in later modules.

Common Misconceptions I found the work online, and it was never published, so there is no copyright, right? No. 1.Putting a work online is considered publication by the standards of most publishing houses. 2.Copyright exists from the moment of creation. It is not necessary to "publish" a work for it to be copyrighted.

When can I use a image in my course? Permission Creative Commons Public Domain Fair Use

Where? Flickr Wikimedia Commons SXC

Where? Flickr (Even a kid can get it - Flickrhttp://bit.ly/ki5sSP Wikimedia Commons Wikimedia Commons SXC SXC

Wikimedia Commons

SXC

SXC

Cite it! Modified image using a cat photo by Kevin Dooley on Flickr - CC-BY Kevin Dooley on FlickrCC-BY

Cite it!

Intellectual Property Tools for Faculty ◦ Copyright Exceptions for Educators (TEACH Act) ◦ Is it Fair Use? ◦ Is it Public Domain? ◦ Reproductions by Libraries and Archives

Why?