Subject: Re: Image copyright question From: John Mitchell <john@xxxxxxxxxxxxxxxxxx> Date: Wed, 25 Apr 2007 15:34:39 -0400 |
If a faculty member had posed this question to me I think I'd look at section 110 of the copyright law. It is legal, under educational use, to display images in a classroom setting for teaching purposes. The TEACH act extends the definition of classroom setting to include course management systems like Blackboard, WebCT, etc. Because the images are considered individual works, I'd apply this law to the images and say that putting pictures from a book (only the pictures) into a Blackboard class module would be fine under the TEACH ACT in section 110: Educational Use." Putting text from the book would require a fair use analysis, and if it failed then permission would be required. Also, this analysis does not extend to emails. Sending the images via email to many parties would also require a fair use analysis, and 15 images would likely require permission.
I hope this helps.
Sincerely, Jeff Kazin
Mackellar, Laurie A (Elizabethtown) wrote:I know that the CONFU guidelines (which were never formally ratified)
allowed an instructor, under limited circumstances, to digitize up to 15
images from a single book and post them on a password-protected class
site. Many universities still use the CONFU guidelines in the absence of
anything else. Permission should be requested, and any fees paid for
repeat use
Laurie MacKellar Public Services Librarian Elizabethtown Community and Technical College 600 College Street Rd Elizabethtown KY 42701 270.706.8439
-----Original Message----- From: Brenda Nelson [mailto:Brenda.Nelson@xxxxxxx] Sent: Wednesday, April 25, 2007 8:46 AM To: digital-copyright@xxxxxxxxxxxxxx Subject: Image copyright question
Since my experience in dealing with image copyright issues is limited, I need some advice.
Multiple images (as many as 15) have been scanned from a single book. These images were then inserted into Word documents. The Word documents were then posted on Blackboard (course ware).
I understand that Fair Use is more limited for images than for a journal article, since an image is considered to be a work in and of itself. Do you have any suggestion as to how many images from a single book/article/etc (assuming that the rights holder is the same as the rights holder for the image) could be used once without getting permission?
Thanks in advance.
.:*~*:._.:*~*:._.:*~*:._.:*~*:._.:*~*:._
Brenda Nelson Library Support Generalist Dana Medical Library Medical Education Center 81 Colchester Ave. University of Vermont Burlington, VT 05405-0068
voice: (802) 656-4401 fax: (802) 656-0762 e-mail: Brenda.Nelson@xxxxxxx
-- Jeff Kazin Public Services Assistant-Circulation/Reserves Coordinator Ladd Library - Bates College 48 Campus Ave. Lewiston, ME 04240 ph: 207-786-8284 fax: 207-786-6055 jkazin@xxxxxxxxx
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