Image Use: General
Using images in your work differs from using textual resources. Very rarely do you want to use a portion of the image, the way you do when using quotations from text. More commonly you want to use the whole image, which is considered copying the whole work. This usage requires permission from the copyright holder; however, there are a few exceptions in the Canadian Copyright Act which allow the use of materials without first obtaining permission.
The Fair Dealing exception in the Copyright Act allows copying for the purposes of research, private study, education, satire, parody, criticism, review, or news reporting. The user must give the source of the work and, if provided in the source, the author, performer, maker or broadcaster. Copies made under Fair Dealing generally cannot be transmitted or distributed to another person, unless unless you are a JIBC instructor distributing materials to your students in accordance with the Fair Dealing Requirements.
The Educational Exceptions in the Copyright Act allow for:
Temporary display of copyrighted images in the classroom for instructional purposes as long as the source and creator (or copyright holder) is credited. However, this exception is only available for manual reproduction of images, and for works that are not commercially available on the Canadian market within a reasonable time and for a reasonable price, in a medium appropriate for education or training purposes.
Use of images for assessment purposes, such as an assignment, test, or exam, as long as there isn't an acceptable commercial alternative in an appropriate format for testing.
Use of images from public websites for classroom presentations, or for posting into a JIBC secure learning management system (for educational or training purposes), as long as you satisfy the following three criteria:
You do not break or circumvent a digital lock to access or obtain a copy of the work (see FAQs);
There is no clear and visible notice on the website or on the work itself that prohibits the use or reproduction of the work (more than just a copyright symbol);
The website is not questionable, infringing or clearly using the works without the copyright owner’s consent; and
You identify the source of the work and, if available and applicable, the author, performer, maker or broadcaster of the work.
Please note that these exceptions may not apply to images taken from JIBC Library’s licensed electronic resources, including e-journals and e-books. To view the permitted uses for images and other content from licensed e-resources, please visit the Library’s Digital Information page.
It is also important to remember that the Fair Dealing Requirements and JIBCs digital licences generally do not permit you to upload to a website, or create links on a website, that is not part of JIBC’s secure network, and that is open to the world at large.
Finally, when using images, it is always good practice to cite the image owner/creator and the image source both for copyright and academic integrity reasons. When looking for images online, always assume images are copyrighted unless there is evidence to the contrary.
If the images or materials are "short excerpts" (as defined in the Fair Dealing Guidelines for Schools) it would be fair dealing to include those images or materials in a PowerPoint presentation and to distribute that presentation to your students, whether electronically (by email or posting on a learning management system) or in person via a handout.
Longer than short excerpts
If the images or materials are longer than "short excerpts," section 29.4 of the Copyright Act permits you to make copies of works to display in a classroom presentation on JIBC premises for educational and training purposes, provided that the work is not already available in a commercial format in the Canadian market within a reasonable time and for a reasonable price, in a medium appropriate for educational or training purposes. The imagebe distributed to your students.
Text for the above was adapted from Copyright at UBC, Instructor FAQ, licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.