IMAGES

Images, in this instance, include graphics (cartoons, charts, diagrams, drawings, etchings, graphics, line drawings, pictures, etc.) and photographs.  The provisions of copyright law that distinguish between fair use and infringement are applicable to works in either print or electronic format.  

Use of an image is within fair use provisions of copyright law when:

1. It is a legally obtained copy (preferably owned by or licensed to the Library or College); and
2. The use is clearly for educational purposes; and
3. The image is made available by an instructor to the enrolled students of a specific course through the Library Reserve Collection; or
4. The image is made available in a face-to face presentation:
   •  by an instructor, student or guest lecturer
   •  to the enrolled students of a specific course
   •  in the classroom or other College space used for instruction; or
5. The image is made available online via a system that limits access to the enrolled students of a specific course and prohibits copying or distribution for non-educational purposes. 

When copying selected images from a collection or compilation, "less is best.”  The greater the amount copied, the less likely that fair use exemptions will apply.  “Best practices” recommend the following limitations:

• Graphics:  A single image per source.
• Photographs: No more than 15 photographs from or 10% of source, whichever is less.

When the work being copied is owned or licensed for use by the College or Library, copying a greater amount may be allowed.  The amount will be determined in consideration of the all four “fair use” factors, and how the copied material relates to a given educational goal.

If the quantity of content to be copied exceeds recommended amounts, or if use of content may otherwise be out of compliance with fair use exemptions, permission of the copyright holder is required and may incur a fee.

The number of copies made for educational purposes should be limited to;

• A single copy for the instructor
• One copy for each student enrolled in the course.

Always include appropriate attribution and copyright notice when using any copyrighted work.

NOTE:  Use of database content may be limited by the terms of licensing agreements as well as the fair use provisions of copyright law.   If the terms of a license agreement differ from fair use provisions in the interpretation of copyright infringement, the former generally “trumps” the latter.  Linking directly to database content is generally acceptable if access is restricted to the enrolled students of a specific course, copying or distribution for non-educational purposes is prohibited, and access to the content is not be retained without permission over consecutive semesters for the same course.

NOTE:  Digital content  include any electronic media created and communicated in digital code. The copyright protection given non-digital content also protects digital content. A book is a book whether in digital or print format; a letter is a letter whether fixed on paper or in an email.  Technology makes it easier to infringe copyright but it does not justify infringement. Due consideration must be given to copyright restrictions when engaged in work that includes: 

• Scanning or digitizing a printed work; 
• Reformatting a digital work;
• File sharing; 
• Downloading and using content from a web site; 
• Linking to Internet content;
• Posting copyrighted content on a web site;
• Forwarding, posting or reproducing for distribution business e-mails and attachments; 
• Forwarding, posting or reproducing for distribution content from electronic discussion lists, bulletin boards or newsgroups.

NOTE:  Copyrighted material, in whole or in part, may not be retained without permission in the Library Reserve Collection or remain accessible online over consecutive semesters for the same course.

NOTE: If the quantity of content to be copied exceeds recommended amounts, or if use of content may otherwise be out of compliance with fair use exemptions, permission of the copyright holder is required and may incur a fee Copying without permission of the copyright holder is an infringement if:

• Copying with intent to create, replace or substitute for anthologies, compilations or collective works.
• Copying for the purpose of substituting for the purchase of works in original formats.

For information about what material is protected by copyright and "fair use" provisions of copyright law, please refer to the Selected Tools listing.  For additional assistance, please contact John Lamborn.