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The Best Ways to Be Sure You're Legally Using Online Photos

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The Best Ways to Be Sure You're Legally Using Online Photos

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For generations, a picture was worth a thousand words. Now, in the social network age, a picture is worth a few hundred likes, some +1's, a handful of retweets, stumbles, tumbles, pins, and shares of all sorts. Oh, and those original thousand words.

Using images in our online work is crucial. It's a visual medium and how better to tell your story or draw in your audience than with a compelling photo? But while some may be flattered you're using a photo they took or image they created, most are not. Besides all the SEO and search-engine ranking reasons, using someone else's work without their permission is not only wrong but also may be illegal.

US Copyright laws may be years behind the fast-paced world of social media and blogs, but they still control how a copyrighted work can be used. And while there are aspects of Copyright law that have "gone digital," the Digital Millennium Copyright Act doesn't provide anything new when it comes to explaining how to properly use another person's photos or images online. And because most people won't read the law and even those who do may not understand exactly what it means, I offer you these to help you:

Did You Take the Photo or Create the Graphic?

If you took the photo or created the graphic and are not subject to a Work For Hire agreement, then you likely own the copyright and can do whatever you wish. There may be other exceptions, but the general rule is if you make it, you own it.

Plagiarism and Copyright Infringement Are Not the Same

While it is difficult to detect visual plagiarism, when it does occur it's not a legal problem. Plagiarism is an ethical concern that may have other elements of intellectual property theft tied with it. Copyright infringement, on the other hand, is illegal and carries with it potentially significant consequences. Plagiarism can be avoided by providing attribution and giving credit, copyright infringement can not. (Image via Shutterstock.)

Attribution Does Not Make it Right

Taking another person's image or graphic and giving them a "shout out," linkback, or any other type of attribution does not negate copyright infringement. Common sense may say that an artist wants exposure for their work, but we're talking about the law here and common sense doesn't always parallel. Copyright law gives the copyright holder the right to decide where their work is published and maybe they don't want their work on your site, in your book, included in your newsletter or distributed to your social media network. It's not for us to question why they wouldn't want "exposure."

Ask and You May Receive

That same person who decides to send a DMCA Takedown Notice may have said yes if asked. Most people are rational and will agree to let their image or graphic be used. But they want the decision to be theirs and they want to allow it on their terms. Not everyone will say yes and we all have our reasons why we wouldn't, but most will. And if they say no, that's OK too because then you just move on and won't have to worry about your site going down because of a DMCA takedown.

Avoid All Problems and Use Public Domain Images

Sounds simple, but most people don't even realize that there are tens of millions of high-quality graphics and photos available for the taking. I know you're thinking I'm making this up, but I'm here to tell you that not all free images are low-quality, random pictures of wildebeests or clowns. There are many websites that curate images that are in the public domain and allow users to upload images they're willing to put into the public domain. With public domain images you're free to use them in any way and in most cases you don't have to provide attribution. Check the terms of the site to determine if attribution is required and, if so, follow the requested format.

Understand the Creative Commons License You Use

There are several photo-sharing sites where users can allow others to download and use images under one of the several Creative Commons licenses, all of which require attribution. Many people are happy to share their photos. But again, they get to decide the rules. Also realize that the owner may change the license after you use the image and may that trigger a request for removal. It is important to know that a Creative Commons license is non-revocable, although explaining that to someone who didn't read the license they assigned to their image could be a waste of time.

Different Uses Come With Different Obligations

It may be acceptable to use an image, as is, on your blog, but you may not have the right to use that same image in a paid newsletter, book, video or other type of work. Unless the image is in the public domain or you are the copyright holder, you have to consider the use(s) granted by the copyright holder or license. A copyright holder may be agreeable to certain uses but not to others.

Fair Use Likely Doesn't Mean What You Think it Means

Fair Use is a doctrine in Copyright law that basically says you're allowed to infringe someone's copyright and they can't demand anything from you. It may sound simple, but it's one of the most complex parts of Copyright law. So complex that there are very few cases to look to for guidance. Copyright Fair Use for online images does exist, just not in the way most people believe it does.

Assume Every Image You Find Online is Copyrighted

The excuse that the image didn't have a watermark or a "©" to show it was copyrighted doesn't work. Most works first published after March 1, 1989 do not require a copyright notice, which is great given the speed we can upload photos at today. At the same time, this lack of copyright notice has some people believing that there are no restrictions to its use. Indeed, every one of those selfies with duck lips on Instagram is subject to copyright, as is that photo of a flower (or cloudscape, animal, cocktail, etc.) that would go great on your blog. Copyright laws are often blurred with the sharing mechanisms on many of the social networking sites. However, as soon as an image is taken from one platform and used on another, there may be problems. And while search engines are doing their best to provide copyright notice information if it applies, please don't assume that if it's not there in your search that there is none. (Image via Shutterstock.)

Your Website, Your Liability

One of the most common explanations I hear when someone gets a "cease and desist" or a DMCA takedown for an image used in their website design is that they didn't choose that image. "It's the designer's fault!" is not a defense to copyright infringement. Not all web designers understand copyright laws, but that won't relieve you from liability if a copyrighted image is used without permission or license. Few design agreements address this issue, which leaves the site owner legally responsible for copyright violations. While a designer may not be willing to modify their contract, it's worth asking (1) if they will, (2) where do they source images, and (3) if the image they use is found to violate a copyright and you're required to pay, will they indemnify you.

Making Changes to a Copyrighted Image Doesn't Make it Yours

If you don't have the copyright in an image, changing it so it looks different doesn't relieve you from potential liability. You can't create a new work and call it yours if you don't own the underlying copyright. Adding a favorite quote or other text to an image doesn't negate the underlying copyright. Using one of the many photo editing software products to change the image to something that suits your particular use will not create a new copyright for you. We see this a lot, especially on the many social networks we belong to.

Just Because Other People Do it Doesn't Make it Right

Unfortunately, Copyright law doesn't care if "big name person" appears to be getting away with copyright infringement while "the little guy" isn't. Because copyright is very personal, a great deal of enforcement rests with the copyright holder. As we all know, there are some people online who just don't care that laws exist or somehow believe the laws don't apply to them. It's unfortunate and unfair, but the reality is that copyright law is not equally applied across the Internet. Having the ability to do something doesn't mean it should be done.
Copyright law is very complex but you don't have to be a lawyer to understand the basics. When it comes to using images online, trust your instinct. If there's any tinge of uneasiness then reconsider or do some research. In many ways, copyright follows the golden rule.

12 Most Picture Perfect Ways to Ensure You're Legally Using Online Photos ⎪12 Most
Sara Hawkins is the creator of a Blog Law series to help other bloggers, entrepreneurs, and online professionals gain legal confidence. Her goal is to make the law understandable and approachable without being overwhelming. On her blog, she also writes about ways to save on everything items so you can stop waiting for "someday." Top image remixed from Pixabay and psdGraphics. Want to see your work on Lifehacker? Email Tessa.

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The Best Ways to Be Sure You're Legally Using Online Photos

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For generations, a picture was worth a thousand words. Now, in the social network age, a picture is worth a few hundred likes, some +1's, a handful of retweets, stumbles, tumbles, pins, and shares of all sorts. Oh, and those original thousand words.

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A Fair(y) Use Tale | Center for Internet and Society

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A Fair(y) Use Tale | Center for Internet and Society

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The Center for Internet and Society at Stanford Law School is a leader in the study of the law and policy around the Internet and other emerging technologies.

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Copyright Advisory Network - Copyright Advisory Network

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Copyright Advisory Network - Copyright Advisory Network

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Copyright Advisory Network - Copyright Advisory Network

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The Copyright Advisory Network (CAN) exists to help librarians understand copyright law and appreciate the important role that they can play in serving the public "to advance the progress of science and the useful arts."

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Copyright & Copyleft - Home - Welcome to Copyright and Copyleft

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Copyright & Copyleft - Home - Welcome to Copyright and Copyleft

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Copyright & Copyleft - Home - Welcome to Copyright and Copyleft

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A warning before you begin! ©What is Copyright? for Educational Purposes & Learning Management Systems Teaching about and Liturgies/Worship Creative Commons (CC) What is Creative Commons? Teaching about CC Sourcing CC Materials Acknowledging CC Materials Public Domain, OER, FER, GPL etc... What other options are there? Sourcing other non-copyright materials

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Copyright and Creative Commons Explained by Common Craft (VIDEO)

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Copyright and Creative Commons Explained by Common Craft (VIDEO)

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Download/Embed 3 Videos Download 3 Lesson Plans
Designed for Teaching

Use in Classrooms, LMSs & Online

Download/Embed ALL Videos Download ALL Lesson Plans Access Current & Future videos Access ALL Video Packs
Designed for Teaching

Use in Classrooms, LMSs & Online

Access ALL Cut-outs Download/Embed ALL Videos Download ALL Lesson Plans Access Current & Future videos Access ALL Video Packs EDIT Our Videos w/ Your Software
Add Logos, New Scenes, URLs

Change the Voice-over

Start a New Project Quickly

Access Cut-outs ONLY
Formats: PNG, EPS, SVG

Hi-Res + Clear Backgrounds

Use in Presentations & Videos

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Copyright and Creative Commons Explained by Common Craft (VIDEO)

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Download/Embed 3 Videos Download 3 Lesson Plans Designed for Teaching Use in Classrooms, LMSs & Online Download/Embed ALL Videos Download ALL Lesson Plans Access Current & Future videos Access ALL Video Packs Designed for Teaching Use in Classrooms, LMSs & Online Access ALL Cut-outs Download/Embed ALL Videos Download ALL Lesson Plans Access Current & Future videos Access ALL Video Packs EDIT Our Videos w/ Your Software Add Logos, New Scenes, URLs Change the Voice-over Start a New Project Quickly Access Cut-outs ONLY Formats: PNG, EPS, SVG Hi-Res + Clear Backgrounds Use in Presentations & Videos

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LibGuides: Copyright Crash Course: Welcome

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LibGuides: Copyright Crash Course: Welcome

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A Copyright-Friendly Toolkit - For makers and other media creators (by Joyce Valenza) by joyce valenza

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Copyright Infringement: 5 Myths vs Facts | Visual.ly

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Copyright Infringement: 5 Myths vs Facts | Visual.ly

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Copyright Infringement: 5 Myths vs Facts | Visual.ly

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We're in the middle of a Copyright Infringement epidemic happening on the Internet right now. Copyright is misunderstood and as a result webmasters an

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Educational Technology and Mobile Learning: copyright resources

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Educational Technology and Mobile Learning: copyright resources

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Educational Technology and Mobile Learning

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Educational Technology and Mobile Learning

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Free resource of educational web tools, 21st century skills, tips and tutorials on how teachers and students integrate technology into education

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Five-Minute Film Festival: Copyright and Fair Use for Educators | Edutopia

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Five-Minute Film Festival: Copyright and Fair Use for Educators | Edutopia

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I absolutely love it when teachers and students create, remix, and mash up media; it's a fantastic way to encourage deeper learning and media literacy. But one issue that complicates digital freedom of expression is copyright law. While many would argue that copyright law is outdated and badly in need of an overhaul, it's still critical that adults and kids alike have a basic understanding of what's legal and ethical while playing with other people's intellectual property. Here's a list of videos I collected to help you navigate the murky waters of copyright law in educational settings.

Video Playlist: Understanding Copyright and Fair Use

Watch the first video below, or watch the whole playlist on YouTube.

1. Understanding "Fair Use" in a Digital World (06:14)
This excellent video by Common Sense Media and Teaching Channel shows students evaluating video remixes during a lesson in fair use. Get the PDF handout you see in the video here!

2. Should "Happy Birthday" be Protected by Copyright? (07:29)
I'm a PBS IdeaChannel fangirl, so I couldn't resist including host Mike Rugnetta's rapid-fire ruminations on the topic of copyright law. This one is a great discussion starter!

3. YouTube Copyright Basics (05:42)
YouTube commissioned this from comedic puppet duo Glove and Boots; it's chock full of useful information and helpful links. Despite the puppets, the language is not suitable for young kids -- you may want to preview.

4. Day at School: Copyright and You (06:35)
I'm a sucker for 1950s-style instructional filmstrip parodies, so I was tickled when I found this snarky one about copyright, made for teachers (not necessarily students!) -- and it actually has useful tips.

5. Fair Use School: Response to YouTube's Copyright School Video (04:42)
Lawyer Patrick McKay made this winning entry for Public Knowledge's contest to respond to YouTube's Copyright School video -- which is informative about what you can't do with copyrighted works, but falls short on what you can do under fair use.

6. Copyright Education User Rights, Section 107 Music Video (03:11)
This punk-ish music video takes a catchy look at some of the nuances of fair use, from media literacy activist and educator Renee Hobbs and the Media Education Lab at the University of Rhode Island.

7. A Fair(y) Use Tale (10:14)
Using Disney footage to explain copyright? Yes! This brilliantly ironic remix video is by film/media studies professor Eric Faden of Bucknell University. A little long, and visual quality is not the highest, but worth a watch.

8. Get Creative! (06:38)
The surefire way to avoid copyright infringement in the classroom? Use materials licensed under Creative Commons (CC). This fun animation recounts the history of copyright law that inspired the CC system.

More Resources for Teaching Copyright and Fair Use

If you've watched even a few of the videos above, you'll understand that fair use and copyright are very complicated and nuanced issues; but getting familiar with them is an essential part of being a good digital citizen, and even more important if you and your students plan to make and share creative works, whether original or mashup (which I hope you will!). Check out my Five-Minute Film Fest on the best educational parodies from last year to get fun ideas and resources for remixes as classroom projects.

The good news is that there are lots of organizations dedicated to protecting freedom of expression and helping people understand their rights and responsibilities around copyright law; and even a few that specialize in helping educators get a handle on the issues and impart the right lessons to their students. Just a few of these are listed are below, I'd love to hear from you if you have favorite resources on this important topic!

Stanford Copyright and Fair Use Center

Teaching Copyright website and curriculum, from Electronic Frontier Foundation

"Understanding Copyright, Fair Use, and Creative Commons, as they apply to Education," by K. Walsh, from EmergingEdTech

"A Printable Guide To Creative Commons," by Katie Lepi, from Edudemic

Fair Use Tube, from lawyer Patrick McKay

Infographic: Copyright and Fair Use Guidelines for Teachers (PDF), from Tech & Learning

"The Educator's Guide to Copyright and Fair Use," from Education World

Legal and How-to Guides for Citizen Media Creators and Online Publishing, from New Media Rights

Ethical Use of Materials: How and When to Cite Online and Print Resources, from International Education and Resource Network

"How Does Copyright Work in Space?" from The Economist Explains

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5-Minute Film Festival: Copyright and Fair Use for Educators | Edutopia

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I absolutely love it when teachers and students create, remix, and mash up media; it's a fantastic way to encourage deeper learning and media literacy. But one issue that complicates digital freedom of expression is copyright law.

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BFTP: Fair Use Scenarios - Home - Doug Johnson's Blue Skunk Blog

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BFTP: Fair Use Scenarios - Home - Doug Johnson's Blue Skunk Blog

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The principles and limitations [of Fair Use] are designed to guide your reasoning and to help you guide the reasoning of others. " The Code of Best Practices in Fair Use" Center for Media & Social Impact

It's long been my contention that you can't "teach" values. The best someone can do is create situations that help people define or refine their own values derived from information, conversation and reflection.

To this end, I've always used " scenarios" anytime I work with others on questions of ethics (and online safety). Scenarios form the heart of my book Learning Right from Wrong in the Digital Age.

The quote above from the professors at the Temple University Media Education Lab strikes me as great reason that some new scenarios need to be written that deal with fair use and copyright. Can such scenarios help librarians, teachers, and students reach "a level of comfort" using copyrighted materials within educational fair use guidelines?

Here's what one* might look like:

The PTO at Johnson Middle School is creating a "video yearbook" for students and families that document the school year. One parent wants to add a few news clips from network television and excerpts from popular songs and movies of the year along with the original video of school activities and events. "We want our children to remember not just what happened in school this year, but what happened in society," she opines. The PTO will sell the videos for just enough to cover the cost of production and fund a class field trip.

1. What is the copyrighted material? Who owns it?

2. Does the use of the work fall under fair use guidelines? Is the use transformational in nature? Can this be considered "educational" use?

3. What is your level of comfort in helping create such a product? Are there any changes or limits you might like to see that would make you more comfortable with this project?

What do you think? Would this be a valuable resource? How might the idea be improved? Any particularly knotty situations on fair use that scenarios should be written?

* Links to additional scenarios created

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BFTP: Fair Use Scenarios - Home - Doug Johnson's Blue Skunk Blog

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The principles and limitations [of Fair Use] are designed to guide your reasoning and to help you guide the reasoning of others. " The Code of Best Practices in Fair Use" Center for Media & Social Impact It's long been my contention that you can't "teach" values.

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The Adventures of Library Girl: Free To Use and Share: Resources To Help Teach Kids (and Adults!) About Copyright and Creative Commons

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The Adventures of Library Girl: Free To Use and Share: Resources To Help Teach Kids (and Adults!) About Copyright and Creative Commons

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I've gotten a few requests lately for resources on how to teach kids (and adults!) about copyright. I've written before about how I don't think any lesson on copyright can be effective without an emphasis on creative commons and helping students choose licenses for their own work. Still, there are plenty of good resources out there to help start these conversations or that can serve as reminders as you help create a culture of creativity and attribution at your school. And even though there already exists in my mind a resource titled "A Zombie Librarian's Guide to Copyright," as of this moment, that resource is yet to exist anywhere else, so... I thought I'd curate a collection of other resources to share in the meantime.

To that end, I've also written before about how much love Edcanvas - a tool which recently changed its name to Blendspace. Regardless of the name, the service is great, so here's my Blendspace chock-full-o copyright and creative commons resources for students and teachers.

Enjoy!

Direct link to this blendspace.

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Free To Use and Share: Resources To Help Teach Kids (and Adults!) About Copyright and Creative Commons

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I've gotten a few requests lately for resources on how to teach kids (and adults!) about copyright. I've written before about how I don't think any lesson on copyright can be effective without an emphasis on creative commons and helping students choose licenses for their own work.

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Doug Johnson Website - dougwri - From Cop to Counselor

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Doug Johnson Website - dougwri - From Cop to Counselor

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Most of these columns, updated and edited, can be found in my book School Libraries Head for the Edge. Buy it and I might be able to afford a nicer nursing home one day. Thank you.

From Cop to Counselor on Copyright

Head for the Edge, Library Media Connection, October 2008

Most of us shudder when asked a question about the fair use of copyrighted materials. "Uh, the poster over the copier says I can only use a poem of less than 250 words in my project and this poem is 251 words. Am I breaking the law?" Been to law school recently enough to know how to answer that question?

Actually law school may not help you much. Fair use guidelines are, well, guidelines, subject to interpretation. Temple University professors Hobbs, Jaszi, and Aufderheide wisely write: "Applying fair use reasoning is about reaching a level of comfort, not memorizing a specific set of rules." There are no definitive answers to "is this fair use?"

So, how do we help our teachers and student establish an informed, personal "level of comfort?"

Few of us are comfortable at either extreme of copyright enforcement - playing the copyright bully or completely ignoring situations of questionable copyrighted materials use. Complicating the issue is that each of us is likely to arrive at his/her own personal level of fair use comfort, judgment of seriousness of possible use, and perspective of the morality of intellectual property use both personally and professionally.

I propose we re-brand ourselves, "copyright counselors" and do what good counselors have always done - help others reach good decisions about their actions rather than serve in a judgmental role.

Allow me to advance some practical steps to teach and enforce copyright compliance and other issues of intellectual property use. Raise your right hand, stand on one foot, and repeat after me:

1. I will acknowledge that the enforcement of all laws and policies is an administrative responsibility, not mine. Quite honestly, if building principals choose not to learn about copyright, about how materials are being used in his/her building, or about whether district policies are being broken, it is not LMS's job to make him. They're the ones getting paid the big bucks. Let them earn them.

2. I will rat out my fellow teachers only under a very narrow set of circumstances. There are copyright infringements so egregious that you should bring them to your boss's attention. But, they need to be something that carries a genuine risk of generating a lawsuit. Put your concerns in writing, include examples of this type of use causing harm to other schools, send it only once, and keep a CYA copy. (See Carol Simpson's database of copyright lawsuits <http://carolsimpson.com>. E-mail me if you want to know what CYA means.)

3. I need not commit any acts I deem illegal. If a teacher asks you to make a copy of something and you feel it does not fit under your personal view of fair use guidelines, you will politely say no and explain why. And probably teach him/her how make the copy.

4. In inservices and communications, I will emphasize what can, not what can't be done with intellectual property. You will stress "fair use," give open source options to software, and alert your staff to royalty free and public domain sources. Change your role from enforcer to enabler. If someone asks you specifically whether a use is legal or illegal, you will respond: "It depends on your personal philosophy. If you can justify that the use meets fair use guidelines, is transformational, and sets a good example for your students, go for it!"

5. I will make sure any signs about fair use will be accompanied by a caveat. If you have a sign hanging over the photocopier with a long list of copyright and fair use guidelines like the one produced by Hall Davidson., make a sign of your own that reads, "This chart states only 'safe harbor' guidelines and is not an authoritative legal statement. More flexible uses and amounts may apply under certain circumstances." Paste it to the other sign.

6. I will teach copyright to students from the viewpoint of the creator. You will ask students to assign a Creative Commons designation to each piece of original work they produce - especially those items they will be sharing online or publishing. By thinking about how one wants his/her own work treated, one is forced to consider the rights and wishes of other IP creators as well. Counsel teachers to use a CC designation on their work as well.

My long-standing philosophy is that education is about teaching others to think rather than to believe. It's our job as LMSs to help both students and teachers arrive at personal comfort levels when using protected creative works.

* Hobbs, Renee, Peter Jaszi and Patricia Aufderheide "Ten Common Misunderstandings about Fair Use" Temple University Media Education Lab http://mediaeducationlab.com/index.php?page=274

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Doug Johnson Website - dougwri - From Cop to Counselor

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Most of these columns, updated and edited, can be found in my book School Libraries Head for the Edge. Buy it and I might be able to afford a nicer nursing home one day. Thank you. Head for the Edge, Library Media Connection, October 2008 Most of us shudder when asked a question about the fair use of copyrighted materials.

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Free Technology for Teachers: How to Find Public Domain and Creative Commons Images

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Free Technology for Teachers: How to Find Public Domain and Creative Commons Images

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In last week's survey of Free Technology for Teachers readers Flickr The Commons, Photos for Class, and Pixabay were chosen as the best places to find public domain and Creative Commons images. All three can be used to find images that can be re-used in a variety of presentation formats. The videos embedded below provide an overview of how to use each image source.

Pixabay hosts high quality public domain images. You can search on Pixabay by using keywords or you can simply browse through the library of images. When you find a Pixabay image you can download it in the size that suits your needs. Registered users do not have to enter a captcha code to download images. Users who do not register can download images, but they do have to enter a captcha code before downloading each picture.

Photos for Class is a free site that helps students find Creative Commons licensed images. The images that they download from Photos for Class come with attribution information embedded into the footer of the image. In the short video below I demonstrate how easy it is to find pictures through Photos for Class.

You can put the the Photos for Class search engine in your own blog or website. The video embedded below offers a demonstration of that process.

Flickr The Commons hosts images from libraries and museums around the world. You can search The Commons by topic or by searching for a specific type of image.
Disclosure: Photos for Class is owned by the same company that runs Storyboard That, an advertiser on this blog.

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How to Find Public Domain and Creative Commons Images

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In last week's survey of Free Technology for Teachers readers Flickr The Commons, Photos for Class, and Pixabay were chosen as the best places to find public domain and Creative Commons images. All three can be used to find images that can be re-used in a variety of presentation formats.

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Landmarks -- Permission Request Template

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Landmarks -- Permission Request Template

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Landmarks -- Permission Request Template

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Most web authors are eager to have teachers use information from their web sites in the classroom. They are just as willing to have students use web information for their various reports. It is critical, however, that permission be gained from the owner of the information, and that the permission be documented.

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Excellent Video Tutorials for Teachers and Students to Learn about Copyright and Common Sense ~ Educational Technology and Mobile Learning

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Excellent Video Tutorials for Teachers and Students to Learn about Copyright and Common Sense ~ Educational Technology and Mobile Learning

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Educational Technology and Mobile Learning

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Excellent Video Tutorials for Teachers and Students to Learn about Copyright and Common Sense

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Free resource of educational web tools, 21st century skills, tips and tutorials on how teachers and students integrate technology into education