Technology
Simmons College Copyright
Important Links
Images Copyright Scenarios
Scenario:
A professor would like to insert a copyrighted news photograph into a poster she will be presenting at an education conference.
Response:
The professor should check whether the news photograph is available on a website that has the right to make it available for educational, non-commercial purposes. If the photograph is not available under such terms, the professor should consider whether fair use applies. The professor can strengthen her fair use argument by ensuring that the photograph is accompanied by commentary or criticism (either in the professor's presentation or on the poster itself). If the photograph is being used for decoration purposes or for other non-transformative purposes, then the fair use argument becomes difficult, and the professor should seek permission.
Scenario:
An Art professor would like to have paintings scanned from various books to display in class during her classroom lecture.
Response:
Before requesting that the images be scanned, the professor should check to see whether digitized versions of the paintings are available online for educational, non-commercial use. A number of museums have digitized their collections, and are making the images available under specified terms (see www.museumlink.com and www.mfa.org). If the images are not legally available online or if the available images are not of the quality necessary for detailed analysis in a classroom setting, the professor should consider whether reproduction of the paintings through scanning is covered by fair use. Detailed information on this issue is provided by "Guidance on Art Images." The professor may display the images of the paintings in her classroom without obtaining permission, as allowed by Section 110(1) of the Copyright Act (the "Face-to-Face Classroom Teaching Exemption).
Scenario:
A professor would like to have her 35mm slide collection of artistic visual images (paintings, sculptures and photographs) scanned so she can create a PowerPoint presentation to show in class.
Response:
Before requesting that the images be scanned, the professor should check to see whether digitized versions of the artistic visual images are available online for educational, non-commercial use. A number of museums have digitized their collections, and are making the images available under specified terms (see www.museumlink.com or www.mfa.org). If the images are not legally available on line or if the available images are not of the quality necessary for detailed analysis in a classroom setting, the professor should consider whether reproduction of the images through scanning is covered by fair use. Detailed information on this issue is provided by "Guidance on Art Images." The professor may display the images in her classroom without obtaining permission, as allowed by Section 110(1) of the Copyright Act (the "Face-to-Face Classroom Teaching Exemption).
Scenario:
A professor would like to include photographs or artistic visual images in her PowerPoint presentation that she will upload into her eLearning course.
Response:
Section 110(1) of the Copyright Act allows faculty to display copyrighted images in the classroom without infringing copyright. However, Section 110(1) does not cover displays of images outside of the physical confines of the classroom. In order to post the PowerPoint presentation on her eLearning course, the professor should consider the following issues: (i) can she link to legally available copies of the images, or can she obtain the images for download and use from a museum website that is making the images available for non-profit, educational use; (ii) if not, does display of the images on the eLearning website comply with all of the requirements of the TEACH Act; or (iii) does the professor's use of the images qualify as fair use?
To analyze whether use of an image on a course website may qualify as fair use, please review the fair use factors on images. Note that fair use arguments can be enhanced by reducing the size and quality of the images within the PowerPoint presentation, so that potential market harm is reduced. (Simmons College Academic Technology can assist with this process.)
Scenario:
A professor has assigned an ePortfolio to her students. The students have added copyrighted images to their portfolio. The portfolios are only accessible to those enlisted in the course.
Response:
The professor should consider discussing copyright issues with the students, providing them with a link to or copy of the Simmons College Copyright Policy, and encouraging them to use images available through Creative Commons and other open source licenses. The students should be made aware that they could be individually liable for copyright infringement if their use of the images does not qualify as fair use.
Scenario:
A professor assigns a project for students to create a publicly-available website. The students want to add photographs to their website that they scanned from books or found on other websites.
Response:
The professor should consider discussing copyright issues with the students, providing them with a link to or copy of the Simmons College Copyright Policy, and encouraging them to use images available through Creative Commons and other open source licenses. The students should be made aware that they could be individually liable for copyright infringement if their use of the photographs does not qualify as fair use.