RE: Image copyright question

["Jan Carmikle" <jdcarmikle@xxxxxxxxxxx>]

I think it's important to remember the TEACH Act applies to distance
learning courses.  It was not intended to be an add-on standard
in-person classrooms.

Jan Carmikle
Intellectual Property Officer/Copyright
University of California, Davis
1850 Research Park Dr, Suite 100
Davis CA  95618
(530) 297-4493
Fax (530) 758-3276
jdcarmikle@xxxxxxxxxxx
 copyright@xxxxxxxxxxx
Website:  www.research.ucdavis.edu/copyright

-----Original Message-----
From: Jeff Kazin [mailto:jkazin@xxxxxxxxx]
Sent: Wednesday, April 25, 2007 11:01 AM
To: Mackellar, Laurie A (Elizabethtown)
Cc: Brenda Nelson; digital-copyright@xxxxxxxxxxxxxx
Subject: Re: Image copyright question

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