This document discusses navigating copyright issues when using images in educational settings. It begins by outlining objectives to understand problems with copyrighted images and finding practical solutions. It then explains copyright law as it relates to images and permitted uses like fair dealing for private study or criticism. The document provides guidance on determining image ownership and appropriate sources like Creative Commons licensed works. It concludes by discussing future reforms and promoting best practices like clear policies, risk management, and user education.

1. 20 June 2011 Navigating the Minefield Images & Copyright

2. 2 Objectives What & Why: the problems faced Practical issues: making copyright work for you Future solutions: freedom and flexibility Image by Jacob Cass, Just Creative Designs. Reproduced under Creative Commons Attribution 2.0 Generic licence

3. The situation You have images still in copyright in an obsolete format You don’t own the copyright to all the images in your collection and aren’t too sure who it belongs to If one more person says Google Images to you, you’re going to scream... 3

4. 4 opyright, Designs & Patents Act riginality rotects creative works can’t I do that?! ests with the Author ntellectual Property ranted Automatically orribly Long erritorial C O P Y R I G H T

5. An image is a... Photograph Film still Screenshot Chart/Table Diagram Map Tattoo Illustration / Drawing Collage Computer generated work Clip art Logo 5 Image from Flickr by K!T reproduced under Creative Commons Attribution Non-Commercial Licence

6. “It’s ok, no-one will ever find out” University had to pay royalties and damages after not taking down a stock image taken from the Internet Stock images are invisibly 'tagged‘ Image recognition and tracking software are used to find images on the Web 6

7. Permitted Acts You can provide and use images for/under the following: Exams and Assessed Work Visually impaired (conditional) Library privilege (limited) Acts done under statutory authority 7

8. 8 Fair Dealing Restricted to Non-commercial research and private study Criticism or review Reporting current events (not photographs) Always credit the author Multiple copies are not considered fair dealing Flickr Image: ‘the dealer’ by IsuruSenevi, available under a Creative Commons Attribution Noncommercial-No Derivatives licence

9. Criticism and Review Directly commenting on an image Comparing the works of two artists and/or looking at their artistic influences Theorising about a work or artistic movement and using an image to make your point Reproducing an image from an exhibition in a review of that exhibition 9

10. What is not fair dealing Derogatory treatment Using more than needed, or not in context For illustration only To generate publicity, advertise or increase sales Use on a front cover 10

11. Licensing solutions Collection management societies Developed licensing schemes e.g. Creative Commons Individual royalty-free or rights-managed licences Always ensure you abide by the terms and conditions of a licence 11

12. The ‘grey’ areas Image analysis: What is it? (and/or what is it of?) Where did you get it? Who owns it? How old is it? How and where is it going to be used? Is there a licence associated with it? JISC’s process chart on sourcing and using images http://www.jiscdigitalmedia.ac.uk/images/clearing-rights2-lg.gif 12

13. Dealing with images – Librarian 2.0 style Be proactive not suspicious Educate Library school training 101 Use your search skills efficiently and innovatively Evaluate sources and check the small print Use social media Reinvent yourself! 13 Flickr Image: ‘All New Librarian Action Figure’ by blg3, available under a Creative Commons Attribution Noncommercial-No Derivatives licence

14. Where from? Subscription (educational) resources Education Image Gallery **soon to become MediaHub** Bridgeman Education Science Direct image search Search engines– limit to creative commons material Flickr Google image search Commercial image databases Getty, Corbis, Reuters, Press Association... 14

15. Some ideas... Copyright Friendly Wiki http://copyrightfriendly.wikispaces.com/ Yale Digital Images (freely available) Xpert Wikimedia Commons Flickr Commons Europeana 15 OR... create your own images!

16. Future solutions Hargreaves Recommendations Enable digitisation and use of orphan works Update preservation to cover artistic works European solutions Orphan Works Directive (limited to published text works) Collective licensing for out of commerce works WIPO - Visual impairment, Educational & library exceptions 16

17. Promoting best practice Policies and Procedures Clarify licence terms in plain English User education Risk management 17

18. Leaving you with words of encouragement... 18 Reproduced with kind permission of Brian Solis

19. Copyright & images – advice and guidance JISC Digital Media www.jiscdigitalmedia.ac.uk Intellectual Property Office www.ipo.gov.uk British Association of Picture Libraries and Agencies www.bapla.org.uk/index.php JISCMail lists (such as LIS-Copyseek) and archives Twitter! (for communication and discovery) 19