Keeping It Legal: Finding Images for Your Online Course
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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.
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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.
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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.
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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.
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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.
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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.)
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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.
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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.
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Common Misconceptions I cited the author or website where I
found the image, doesn't that mean I can use it? No. Dont 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.
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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.
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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.
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When can I use a image in my course? Permission Creative
Commons http://creativecommons.org/ http://creativecommons.org/
Public Domain Fair Use
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Where? Flickr Wikimedia Commons SXC
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Where? Flickr http:/www.flickr.com/creativecommons/ (Even a kid
can get it - http://bit.ly/ki5sSP) Flickrhttp://bit.ly/ki5sSP
Wikimedia Commons http://commons.wikimedia.org/wiki/Main_Page
Wikimedia Commons SXC http://www.sxc.hu SXC
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Wikimedia Commons
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SXC
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SXC
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Cite it! Modified image using a cat photo by Kevin Dooley on
Flickr - CC-BY Kevin Dooley on FlickrCC-BY
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Cite it!
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Intellectual Property Tools for Faculty
http://elearn.wvu.edu/faculty/Resources/IPtools/ Copyright
Exceptions for Educators (TEACH Act) Is it Fair Use? Is it Public
Domain? Reproductions by Libraries and Archives