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Copyright & Educational Use of Images (photos, charts, etc.)

About "paintings, drawings, maps, charts, plans, photographs, engravings, sculptures, works of artistic craftsmanship, architectural works, and compilations of artistic works”. (Copyright Act, S2) This guide is not intended to be legal advice.

Guidelines - Images (photos, drawings, maps, etc.)

GUIDELINES FOR IMAGES

 

Images are included in the Copyright Act under “artistic works: paintings, drawings, maps, charts, plans, photographs, engravings, sculptures, works of artistic craftsmanship, architectural works, and compilations of artistic works” (S2)

 

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How long does Copyright last for images?

As a general rule, copyright exists "for the life of the author/creator, the remainder of the calendar year in which he is deceased, plus fifty years after the end of that calendar year. For Crown copyrighted works, there is a slight difference ... the copyright in the work shall, subject to any agreement with the author, belong to Her Majesty and in that case shall continue for the remainder of the calendar year of the first publication of the work and for a period of fifty years following the end of that calendar year. (Gov. of Canada Publications. About Copyright )

 

Images in the Public Domain

“Public domain refers to works (including images) that belong to the public. Works in the public domain can be used free of charge and do not require written permission from the author/creator. Works can be in the public domain for a variety of reasons. Examples: the term of the copyright has expired, the work was not eligible for copyright protection in the first place, or the copyright owner has authorized the public to use the work without permission or payment.” (Gov. of Canada Publications. About Copyright )

 

5 Feb 2013

 

FAIR DEALING & IMAGES

 

Check the “Education & Copyright” page in this Guide to make sure your use of images complies with the general Fair Dealing conditions outlined by legislation and case law.

 

EDUCATIONAL & OTHER FAIR DEALING

As a general rule, the fair dealing provisions of the Copyright Act say that it is not an infringement of copyright for an educational institution or person acting under its authority for the purposes of education or training on its premises to reproduce or display an image as long as communication primarily consists of students of the educational institution (Copyright Act, S29.4-20.9).

 

Also, as a general rule under the same provisions, it is not an infringement of copyright to reproduce or display an image for research, private study, criticism, review, news reporting, satire and parody.

 

HOW MUCH IS TOO MUCH?

Copying of “substantial” portions of a work without permission is illegal under the Copyright Act (S3.1). If you want help to clarify amount or number of images that you can copy from a work, consult the ACCC Fair Dealing Policy.

 

SOURCE

OF IMAGE

                            

                                                WHAT YOU SHOULD DO

Image(s) from  library databases

·         Content is licensed.

·         Check for and abide by any instructions that may restrict or prevent the copying of a specific image in the database. In

      many cases, you will find that you can use images if communicated only to college community for educational purposes.

·         Cite sources clearly.

·         As a safe and convenient alternative, you are encouraged to use stable links to works in databases in order to avoid

      possible copyright infringement. See Library web page, How to Create Links to E-Resources for more information:

 

For a listing of library databases that contain images, go to: Centennial Libraries website  E-Resources by Type>Images 

 Image(s) from print

 sources

 

·         According to the ACCC Fair Dealing Policy, you can copy one image from a copyright-protected work that includes a number of images (book, journal article, newspaper article, encyclopedia entry, etc.)

·         You may display or distribute as photocopied handouts to students (one copy per student), post in eCentennial, or place

      multiple copies of photocopies on library reserve.

·         Cite sources clearly.

·         Possible exceptions: Check for and abide by any clearly visible notice from the copyright holder (or designate) or contract

      or licensing information that may restrict or prevent copying.

·         If you want to copy more than described in the ACCC Fair Dealing Policy, ask the Centennial Copyright Team.

 

Image(s) from Internet sites with no technological protection measure preventing access (i.e. no “digital lock”)

 

 

·         Most material on the Internet, including artistic works, is copyright-protected.

·         According to the ACCC Fair Dealing Policy you can copy one image from a copyright-protected work that includes a number of images (works may be defined variously as: webpages, reports on webpages, eBook chapters, eJournal articles,

      eNewspaper articles, Internet encyclopedia entries, etc.)

·         You may display or distribute an image as photocopied handouts to students (one copy per student), post on eCentennial,

      or place multiple copies of photocopies on library reserve.

·         Cite source clearly.

·         Image source should be “legitimate”, that is, posted by copyright holder or person with permission to post.

·         Possible exceptions: Check for and abide by any "clearly visible notice” (Copyright Act S30.04(3)(b)), contract or

      licensing information prohibiting educational use (prohibitions are more likely on sites requiring password access).

·         If you want to copy more than described in the ACCC Fair Dealing Policy (e.g. an image from an Internet work that contains only that image, or multiple images from a work (even if 10% or less of the whole work), contact the Centennial Copyright Team for help.

·         As an alternative to copying, you can link to images on the Internet. Make sure the image and other material has been

      posted legitimately by the copyright owner or party with permission to post.

·         Another alternative is to use images in the public domain.

 From Clip Art (Microsoft Office at Centennial College)

Microsoft requires this citation: "Used with permission from Microsoft."

 Image(s) from Creative Commons sites and from other sites offering freely usable image files (see tab in this Guide.)

Many Internet sites, including the popular Creative Commons, provide images with explicit terms and conditions for use.

·         Cite sources clearly when permitted to use.

·         See “Website Sources for Images” tab in this Guide for more details.

Mash ups  (“Non-commercial User-generated Content”)

 

·         Faculty and students creating solely for non-commercial (including non-promotional) purposes may create and display their

         work using existing image sources as long as:

o   sources are cited

o   there are no clearly visible notices prohibiting educational use (this normally involves going to and using the

     “legitimate” source (copyright owner or person with permission to post)

o   there is no substantial adverse effect on the work or potential market for it (Copyright Act S 29.21)

·         You may display or distribute as photocopied handouts to students (one copy per student), post on eCentennial, or place

         multiple copies of photocopies on library reserve if the student gives you written permission.

 

  

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