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 ID: 387732
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Slide1
Keeping It Legal:
Finding Images for Your Online CourseSlide2
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.Slide3
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
.Slide4
QuizSlide5
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.Slide6
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.Slide7
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.Slide8
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.)Slide9
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.Slide10
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.Slide11
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.Slide12
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.Slide13
Common Misconceptions
I found the work online, and it was never published, so there is no copyright, right?
No.
Putting
a work online
is considered publication
by the standards of most publishing houses.
Copyright
exists from the moment of
creation. It is
not necessary to "publish" a work for it to be copyrighted.Slide14
Online courses are subject to different rules than your f2f course.Slide15
When can
I use a image in my course?
Permission
Creative Commons
http://creativecommons.org/
Public Domain
Fair UseSlide16
Where?
Flickr
Wikimedia Commons
SXCSlide17
Where?
Flickr
http
:
/
www.flickr.com
/
creativecommons
/
(Even a kid can get it -
http
://bit.ly/
ki5sSP
)
Wikimedia Commons
http://
commons.wikimedia.org
/wiki/
Main_Page
SXC
http://
www.sxc.huSlide18
Wikimedia CommonsSlide19
Wikimedia CommonsSlide20
SXCSlide21
SXCSlide22
Cite it!
Modified image using a cat photo by
Kevin Dooley on
Flickr
-
CC-BY
Slide23
Cite it!Slide24
Cite it!Slide25
Cite it!Slide26
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 ArchivesSlide27
Why?