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

2. 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

3. 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.

4. 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?

5. 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

6. 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

7. 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.

8. 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.

9. 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?

10. 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!!

11. 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?

12. 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.

13. references
Chmielewski, T. (n.d) Does photocopying an image out of a book violate copyright laws? Retrieved from copyright-laws-2805.html#
Davidson, H. (2002, October) Copyright and fair use guidelines for teachers. Retrieved from
Hansen, J. (2011, May). Copyright issues in teaching: Issues for on-ground to online courses. Retrieved from pdf

14. References continued
Stim, R. (2010, October). Copyright basics FAQ. Retrieved from
Stim, R. (2010, October). What is fair use? Retrieved from