Introduction to Copyright
When an image is protected by copyright, the holder of that copyright has four exclusive rights:
- To reproduce the copyrighted work
- Display the copyrighted work publicly
- Prepare derivative works based on the copyrighted work
- Distribute copies of the copyrighted work to the public by sale, rental or lending, and/or to display the image
That means someone else cannot do these things without getting permission from the copyright holder, unless the specific use of the image falls under one of the limitations to copyright.
- Copyright Quick GuideThis page from the Copyright Advisory Office at Columbia University Libraries provides an overview of copyright law.
Limitations on Copyright
Section 110(1) - Face-to-Face Teaching
Section 110 of the U.S. Copyright law provides for the use of copyrighted materials in face-to-face teaching activities. The text of the law states:
(1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made . . .
Section 110(2) - Instructional Activities Transmitted via Digital Networks
Section 110(2), also known as the TEACH Act, provides exceptions for online learning. These exceptions are not as broad as those granted to face-to-face teaching. Additionally, this portion of the law sets out guidelines and requirements of the educational institution as well as individual instructors.
- Section 110The text of Section 110(1) and Section 110(2) is available from the U.S. Copyright Office.
Section 107 - Fair Use
Section 107 of the U.S. Copyright law provides for the use of copyrighted materials under certain circumstances defined as “fair use.” The law lists required criteria to determine if a particular use can be considered fair use under the law.
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the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
- the nature of the copyrighted work
- the amount and substantially of the portion used in relation to the copyrighted work as a whole
- the effect of the use upon the potential market for or value of the copyrighted work.
When considering whether using an image would fall under Fair Use, each of the above factors must be taken into consideration. Typically, using a copyrighted image in a classroom presentation or handout is considered Fair Use while using a copyrighted image in a published book is not.
- Section 107The text of Section 107 is available from the U.S. Copyright Office.
Resources
The following resource explain more about the exceptions to copyright and how to determine if the exceptions apply to a given use.
- UI Libraries Classroom UseThis is the Classroom Use section of the UI Libraries Copyright guide.
- UI Libraries Fair UseThe page is the Fair Use section of the UI Libraries Copyright guide that provides tools for helping to determine whether a given use is fair use.
- Copyright Exceptions for TeachingThis page from Duke University ScholarWorks provides an explanation of the copyright exceptions that apply to teaching.
- Course Materials and Copyright for Professors: Face-to-Face Teaching Exception to CopyrightFrom the University of Illinois Library, this page details the face-to-face copyright exception.
- Course Materials and Copyright for Professors: TEACH ActThis page from the University of Illinois Library details the TEACH Act exception.
- Exceptions & Limitations: Classroom Use, Fair Use, and MoreThis page from the University of Minnesota Libraries explains the exceptions in copyright law for teaching.
- Fair Use ChecklistThis page from the Copyright Advisory Office at Columbia University Libraries explains fair use and includes a checklist for examining the four factors to help determine if a use is a fair use.
- U.S. Copyright Office Fair Use IndexThis index is a searchable database of court opinions. The Index tracks judicial decisions to help both lawyers and non-lawyers better understand the types of uses courts have previously determined to be fair or not fair.
Seeking Permission to Use Copyright Protected Images
Using copyrighted images can be more complex than other types of media. If none of the exceptions for copyright apply to a particular use, then permission will be needed for the work. A user of the work should plan to obtain permission from not only the copyright owner of the work (i.e., the creator of the work) but also from the owner of the physical object (e.g., a museum, archive, or individual) if the owner of the object is not the creator. Where photographs depict private individuals in private settings, permission may be needed from those in the photo (see the Privacy & Publicity Rights section of this guide).
- UI LIbraries Seeking PermissionThis section of the UI Libraries Copyright guide provides an overview of seeking permission for copyright protected works.
- The Basics of Getting PermissionFrom Stanford University Libraries, this page provides a step-by-step process for seeking permission.
Citing Copyright Protected Images
Teaching & Fair Use Exceptions
When citing copyright protected images used in a way that falls under one of the exceptions of copyright, usual rules of citation should be followed to give credit to the source and to avoid plagiarism.
Permission Granted
When copyright owners grant permission for someone to use their work, they may specify exactly how their work should be credited. These specifications should be followed. Generally, a credit line with all pertinent information should be places next to the image or in some cases, an abbreviated credit line may appear next to the image with a full reference occurring elsewhere (e.g. in the bibliography).
