This document discusses using openly licensed images in works and addresses copyright issues. It asks three questions: is the image protected by copyright, does an exception apply, and is it openly licensed? Copyright is limited by time, subject matter, exceptions for classroom use and fair use, and open licenses like Creative Commons. Creative Commons licenses range from all rights reserved to some rights reserved. The document recommends searching Creative Commons and consulting additional resources for help with copyright questions.
1. Using Open and Openly-
Licensed Images in Your
Work
“Whiteboard Dry Erase” by
mnplatypus. Downloaded from
Pixabay.com. Licensed CC0
2. Images are powerful
- but copyright can
be confusing!
“Concept Man Papers” by Pexels.
Downloaded from Pixabay.com.
Licensed CC0
3. Three Questions
1. Is it Protected?
2. Is there an Exception?
3. Is it Openly Licensed?
“Whiteboard Dry Erase” by
mnplatypus. Downloaded from
Pixabay.com. Licensed CC0
4. Copyright is Limited: By Time and Subject
“Copyright Term and the Public
Domain” By Peter Hirtle, from
copyright.cornell.edu/publicdo
main. Licensed under CC-BY
5. Copyright is Limited: By the Law
“Lecture Students Classroom” by
felixioncool. Downloaded from
Pixabay.com. Licensed CC0.
Copyright
Exceptions
● Classroom
teaching
● Fair use
○ Purpose
○ Nature
○ Amount
○ Market Harm
6. Copyright is Limited: By Open Licenses
Slide taken from Open Textbooks: Access,
Affordability, and Academic Success by David
Ernst, used under a CC-BY license.
All Rights
Reserved
Some Rights
Reserved
8. How Do Creative Commons Licenses Work?
“License Layers”, Created by Creative Commons at:
https://search.creativecommons.org/ Licensed under CC-BY.
9. How Can I Use Different Licenses
“CC License Compatibility Chart”, Created by Creative Commons.
Licensed under CC-BY.
10. Where Can I Find Openly-Licensed Materials?
“CC Search page,” Created by Creative Commons at:
https://search.creativecommons.org/ Licensed under CC-BY.
11. Where Can I Get More Help with Copyright?
CDSC Home Page Created by NCSU Libraries at:
https://www.lib.ncsu.edu/department/copyright-
digital-scholarship-center-cdsc Used under fair use 17
USC 107.
12. Questions?
“Afro board brainstorming” by rawpixel. Downloaded from
Pixabay.com. Licensed under CC0.
These slides, “Using Openly-Licensed Images
in Your Work” were created by Will Cross,
based on a variety of openly-licensed images,
and those used under copyright exceptions.
They are licensed under CC-BY.
Editor's Notes
These slides can be used for our New Faculty Orientation, led by subject specialists across the Libraries.
Begin by talking briefly about how faculty often use images: in the classroom, in scholarly articles and monographs, in a report or blog post, etc. Ask them who owns those images, what permission they need to use them, etc. Acknowledge that copyright can feel confusing and intimiating.
But you have good news! Copyright isn’t that complex, especially for non-commercial uses like most of the things we do in the academy. These three questions give faculty members an overview of how to think through the important aspects of copyright. Note that each question is yes/no and if they get a good answer at any point, they can use freely!
First question: is it protected? The answer depends on at least to issues: copyright duration (has the work passed into the public domain) and whether the work was eligible for protection in the first place (i.e. was it an original creative work fixed in a medium of expression). This chart is the leading resource for understanding copyright duration - it can tell you if a work has passed into the public domain.. Because it is a chart, it can also be used to illustrate the idea/expression dichotomy, where ideas and factual work are not protected.
Second question: is there an exception. Note that copyright is a limited right and, in the US, Congress has carved out several excetions where permission is not required to use a work. Many of these are “specific exceptions” like 110(1) that permits performance or display of an image in the classroom. In addition, Congress ratified an equitable “exceptional exception” called fair use. Unlike specific exceptions that have bright lines rules for use, fair use is flexible. That can be frustrating - since it doesn’t offer a bright line yes or no, but that’s also the key to the power of fair use: it is flexible even as practice and technology evolve. Ask them to think about an example where Congress in 1976 might not have considered a socially-valuable use that we rely on fair use for today.
Question three: Open License. Introduce the Creative Commons as the leading form of open licensing. Talk about how it moves use from an “all rights (exception for the exceptions we just discussed) model to a “some rights reserved” model. Note that this slide was made by someone else and we are using it based on a CC license.
Describe the four elements of a CC license and ask them to think about what each element means and why it matters.
Now describe how the elements fit together and how the licenses connect with legal rules, human norms/understanding, and technical infrastructure.
Note how mixing and matching is possible, but does require some thought. Walk them through an example or two.
Describe the many places that openly-licensed materials can be found. If you have time, take them into a site like Flickr and have them find one image they like. Then ask them to talk about the license that is applied to that image.
Note that you’re just scratching the surface, but there is more help available. NCSU has a full-time JD on staff who is happy to help! Also note that this screenshot is used based on an exception as a way to note that openly-licensed materials can be combined with works used under a copyright exception.
Thank them for their time and see if they have any final questions. Note that these slides are openly-licensed, and offer to share them with any faculty member who wants to take them back to their department, their class, etc.