August 3, 2004 @ 14:08pm
When I create a PowerPoint presentation to communicate exclusively with the staff of my library, can I legally use images I find on the internet (for decoration or to illustrate a point) without permission from the creators? Can this presentation be archived on the staff intranet as well?
What if the presentation were given to a large audience of librarians at an ALA conference? Any differences?
Is there a legal need to give credit to the website where I dound the images?
It is unclear to me whether these uses are educational in the view of fair use. Neither is it clear whether there is a difference between a live "one-shot" presentation and having the presentation archived (albeit for and internal library audience).
Thanks.
August 3, 2004 @ 14:08pm
Images on the Internet shouldn't be any different from images *not* on the Internet, really. If it was an image you found in a book, a photograph, etc, would you feel comfortable using it in the way you plan to use the online images (technological issues aside)? Fair use still applies, but content on the Internet doesn't suffer from any diminished *legal* protection just by virtue of coming from an online source - its just that the technology often makes it a *lot* easier to copy than a similar, non-digital, work.
August 3, 2004 @ 14:08pm
Each of these questions is a fair use question. Is it a fair use to reproduce a copyrighted image without prior authorization given the purpose of the use, the nature of the work being used, the amount used and the effect on the market.
As to the legality of providing attribution to the original creator, that's not a copyright question, it's a plagarism question and of course, it is correct (ethical) to always cite your source.
You can exercise fair use and cite your original source at the same time.
In fact, this probably should happen most of the time.
August 3, 2004 @ 14:08pm
A follow-up to my earlier question:
I agree that these are fair use questions. (The plagiarism question is trivial)
It seems my main question is whether a presentation to library staff about internal library matters qualifies as an educational use. If it is not an educational use, then it doesn't seem a fair use.
We are an academic library, but this presentation seems different from a presentation as part of a University course. That said, I don't think that my use here affects the marketability of the images.
Do you have any guidance on this?
August 3, 2004 @ 14:08pm
I would consider use of copyrighted images in the face-to-face presentations - both library staff and conferences- to be fair use. That is, fair use would permit my single copy (a non-profit, at least *semi* educational, transformative use likely without effect on the market - a reasonable, good faith fair use call) and 110(1) would permit the display, at least in the library training scenario; otherwise fair use again for the display in conference settings.
Of course, not legal advice
:)
August 3, 2004 @ 14:08pm
I agree with phoon.
Each of the four factors should be considered on a continuum. There are uses that are more educational than others - certainly a real live academic course - and there are uses that are less educational but not for-profit.
The in-house library setting is on the educational side of the continuum.