Does this mean that every time you want to use an image you should get your lawyer on the phone? Not exactly - there is some breathing room under the label of fair use. Here are the terms surrounding fair use, found in Section 107 of the US copyright law:
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —
(1) the purpose and character of the use, including whether such use is of a
commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the
copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors (http://www.copyright.gov/title17/92chap1.html#107).
Everybody clear on that? No? Me neither. As with all laws, there are various interpretations of fair use. Does number 3 mean that you can only show part of a TV episode in class, or are you allowed to play the entire show? Could you let your students rewrite the lyrics to a popular song to perform in class, using the original instrumental as background music? Can you include that image you found online in your PowerPoint or should you email the photographer first?
How do you know? What are your options as an educator? What can you do? Should you call or email the owner of the copyright (or their lawyers) and ask for permission? Just use the content and hope that no one takes issue with a possible copyright violation?
What am I doing in my classes? I'm getting creative with the help of artists, educators, and others from all around the world by using their works. Content that they actually want me to use. This system of sharing is known as Creative Commons. Want to know more? Check out this video...
Let's take that video, for example. How did I know I could post it here? I found it here and thought it would be perfect for this post (honestly, I kinda built my post and class presentation around it). After clicking on the link, you will see this symbol underneath the media player.
This is the owner's Creative Commons License. This particular license tells you that you are free to copy, share, distribute, and remix (adapt) the material - as long as you aren't using it commercially and you attribute it to the creator. This video was posted to blip.tv by the Creative Commons organization. There. I just upheld my part of the bargain. I attributed the content to the owners and am not selling it. I could have put my own vocal track behind it, or edited it to only play a specific part. I can show it in class or broadcast it on another file sharing site. That is what their license allows. How do you know what their license allows? Click on the image beneath the media player on the blip.tv page and you will see all the details (it is too large of a graphic to embed here - sorry!).
This is only one type of Creative Commons license - some allow for commercial use. Others do not allow remixing or adaptation. How do you know what license is used? You can find a quick and easy guide here.
This is only one type of Creative Commons license - some allow for commercial use. Others do not allow remixing or adaptation. How do you know what license is used? You can find a quick and easy guide here.
How can you begin using Creative Commons (I'm going to use the CC abbreviation from here on out) content in your classrooms today? It's easy - not quite as easy as jacking items from a Google Image search - but who wants to use the same pics as everyone else anyway? One of the first places to look is the photo and video sharing site flickr (you may need to create an account to access all content - particularly if you are looking for sexuality materials). Not everyone on flickr uses a CC license, but many folks do. The easiest way to find CC content is to use their advanced search feature. Type in the search terms - I used "transgender youth" - and scroll to the very bottom of the page. Then be sure to click the box that searches only CC licensed photos and videos. Click search and...
Awesome. That photo was taken by flickr user "[insert stereotypical label here]" and can be found here. Their CC license says that I can use it, but not remix or adapt it, and that I can't use it for commercial purposes. All I need to do is attribute the picture to the photographer, which I just did. It's that simple.
Another site with fewer choices, but really interesting images, is fotopedia. I searched for "sexuality" and came up with this CC licensed gem...
It was actually taken from a flickr account as well and posted on the fotopedia site. The photographer's user id is "derpunk", and their CC license says I can use it for non-commercial purposes, and adapt it as well. This license also has one additional restriction, known as "share-alike." If I did alter the image (can anyone think of funny thought bubbles we could photoshop on the happy couple?), I have to license the work in the same way as the original. Meaning simply, I can't make the terms of use for my derivative work more or less restrictive than the original picture's.
It was actually taken from a flickr account as well and posted on the fotopedia site. The photographer's user id is "derpunk", and their CC license says I can use it for non-commercial purposes, and adapt it as well. This license also has one additional restriction, known as "share-alike." If I did alter the image (can anyone think of funny thought bubbles we could photoshop on the happy couple?), I have to license the work in the same way as the original. Meaning simply, I can't make the terms of use for my derivative work more or less restrictive than the original picture's.
Wikimedia Commons is another great place to find CC licensed (and public domain) images. I searched for "sex", clicked on a couple of the tags, and came across this image (again from a flickr
user) taken by "Noodle." The license for this image is the same as the one described for the turtles that are slowly...getting...busy.
user) taken by "Noodle." The license for this image is the same as the one described for the turtles that are slowly...getting...busy.
Another site worth checking out is the Brooklyn Museum, which has thousands of images of artwork online, many of which are CC licensed (just don't forget to check the CC box in the advanced search options). This image has no known copyright restrictions, and the museum provides a bio of the artist, Lilly Martin, who supported her husband and family by painting pictures of women in traditional gender roles.
These are just a few of the amazing images you can find with just a little effort. Once you start looking at the gorgeous and thought provoking photos, you may never want to go back to Google Images. And after learning about copyright and Creative Commons, you may decide to share some of your own creations - images, videos, lessons, or activities under a CC license. Utilizing and contributing to the CC community will help to raise awareness of of the movement, and that will ultimately mean more content that you can be sure is is free, simple, and easy to use.
Ryan McKee