Copyright Issues in Teaching with Technology

Photographs and Digital Images
The reproduction of photographs, illustrations, graphic designs, and other still images present an perplexing copyright dilemma because intellectual property may be involved at several levels. For example, you may wish to make a slide from or digitize a textbook photograph. The book and the photograph may be copyrighted separately, and depending upon the subject matter, the original object may also be protected. Moreover, the chain from the original to the photo in your book may involve intermediate steps, each entitled to copyright protection. Even if the original object is in the public domain, the photograph and book probably are not.

Section 110 permits the classroom display of photographic material that has been lawfully acquired. In other words, slide or digital image sets purchased for educational use from someone authorized by the rights holders are the safest alternative. The “lawfully acquired” condition may apply to slide or digital image sets compiled locally from books and magazines using a copy stand. The Guidelines for Classroom Copying indicate that one picture per book or periodical issue is permissible. The CETUS (1995) fair use guidelines suggest that “a small number of images from any one textbook” (p. 26) may fall under fair use, particularly if slides are not available from the publisher. Any slide making or imaging beyond these guides requires a very careful consideration of the four criteria for determining fair use.

Guidelines for the educational use of digital images were drafted by a CONFU working group but were quite restrictive and failed to garner much support in the educational community. The draft does provide some insight into the limits to which some copyright holders perceive fair use. The guidelines include the following selected provisions:

• Only lawfully acquired analog images may be digitized.
• Educational institutions may not digitize images that are already available in usable digital form for purchase or license at a fair price.
• Educational institutions may display and provide access to images digitized under these guidelines through a secure electronic network, provided that access is controlled via a password or PIN and restricted to students enrolled in the course.
• Use of images digitized from a known source may only be used for one academic term; subsequent use requires permission. If permission is not received, subsequent use is subject to the four-factor fair use analysis.
• If the rights holder is unknown, the image may be used for three years from first use, provided that the institution conducts a reasonable effort to identify the rights holder and seek permission.
• Images digitized under these guidelines may be used in face-to-face teaching, independent study by students, and research and scholarly activities at the institution.
• The images may not be used in publications without permission.
  

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