Copyright Guide for Faculty: Images

Under fair dealing you may copy a “short excerpt” of a work for research or educational purposes.

For images, a “short excerpt” includes:

• One image from a collection of other images (such as a book of paintings); OR
• One or multiple images from a published work in which the total amount of copying does not exceed 10% of the entire work. 
  • Consider a single image or graphic as 1 page from the total page count of the work.
• One or multiple images from a website in which the image constitutes only a small part of the overall webpage.

If you are unsure whether an image qualifies as a “short excerpt”, consider other factors when deciding if copying is fair:

• Will there be proper attribution (title, author, and source are listed)?
• Will the image be limited to a small audience?
• Will access to the image be restricted (via a course management system or password)?

Under educational exceptions you may copy more than a “short excerpt” for the purposes of training or education. 

When using an image under educational exceptions, the image must:

• be for more than aesthetic purposes;
• not be commercially available in an appropriate format within a reasonable timeframe; AND
• not be locked behind a TPM (password protection) and otherwise be legally acquired.

If the image fits the above rules, then you may use it in a lesson (such as a PowerPoint presentation) or in a test/exam. 

Make sure you provide proper attribution (title, author, and source are listed).

Stand-alone images cannot qualify for fair dealing as they do not meet the guidelines of “up to 10%” of a copyright-protected work. This includes:

• A book cover.
• A cartoon on a greeting card.
• An image from a postcard.
• Any painting, print, drawing, map, or chart that is not part of a collection of works.

To use a stand-alone image in your course materials you must use an educational exception, request permission, or provide a link to the image unless the image is covered by a separate license (such as Google Earth).

Modifying images is not permitted under copyright law except under certain Creative Commons licenses or if the image is in the public domain.

Modifying includes:

• cropping the image;
• adjusting the colours of the image (including putting the image in greyscale); OR
• creating a new work based on the original image.

It may be possible to use images found on the internet. Ask yourself:

1. Is the image in the public domain?
2. Was the image uploaded with the copyright-owners consent?
3. Do any other restrictions apply to the image?
   • Read the ‘Terms of Use’ or ‘Legal Notice’ for restrictions.
   • Check whether the website prohibits educational use.
4. Are there any digital locks on the material?
   • Is the image or website password protected?
5. Is there a Creative Commons license attached to the image or website?
6. Check if you can use the image under fair dealing or educational exceptions. Note: to qualify you must have accessed the image legally. Check the first and second criteria.

Remember: just because the image is on the internet does not mean it should be there!

Cite the image owner/creator and the image source both for copyright and academic integrity reasons.

If the image is part of a products license, state at the beginning of the course, that unless cited otherwise, all images are part of the license with XXX [where XXX is the name of the company /product].

Ensure all other images are cited.

• All images produced by JIBC need to be cited e.g. © Justice Institute of British Columbia
• Remember the Use of Media Consent and Release forms (individual or group), if including people in image

• Assume all images on the internet are protected by copyright until proven otherwise.
• If an image has a Creative Commons licence, read the licence restrictions carefully.
• If you are using a copyright-protected image, ensure it is adding information to your lesson.
• If you are using a figure or table based on data, consider creating your own graphic from the original data.
• If you are unsure whether an image from the internet is under copyright, consider linking to it rather than copying it.
• Give credit to the original author of the image.
• Use public domain or open images wherever possible.