Copyrighting of Images

Includes photographs, slides, illustrations, web images, charts or graphs and designs

Classroom Use

As an instructor in a non-profit educational setting you can display images in your classroom, directly to students, face-to-face, so long as it fits your curricular objective.

You may not copy entire works, although under fair use you may copy brief portions for instructional purposes.

Classroom Using Technology or Web Enhanced

Images used in a classroom course but available to students electronically (for example, in WebCT, or over the Internet) must follow the guidelines for distance education applications. If students have access to the material outside of the physical classroom then this constitutes a situation parallel to distance learning, with one exception:

When directing students to consult materials as homework (i.e. beyond what constitutes the time allotted for a class session), refer to Library Reserve Use.

Distance Education Applications

If your intent is to use images in an online course, use the TEACH Act requirements to determine whether or not the image(s) can be used in digital distance education without having to obtain prior permission from the copyright owner.

Although the TEACH Act allows the use of images in a distance learning environment, there are certain limitations and guidelines that must be followed to comply with the laws. To use images in a distance education course, please follow Fairfield University policy as follows.

  1. Obtain a copy of the program iWatermark from Computing and Network Services. Install the program and place the following watermark text: Fairfield University / For educational use only.
  2. Collect all images that you intend to use on your class site, and divide them into two categories:
    • images you know are not copyrighted (e.g. public domain photos, pictures you took yourself)
    • images that may be copyrighted
  3. Use iWatermark to take your folder of potentially copyrighted images and create a new folder of the same images with an overlay of the appropriate disclaimer (see iWatermark instructions)
  4. Move the watermarked versions of the image to WebCT or other distance education site.

Library Reserve Use

When compiling a multimedia presentation by incorporating copies of images, use the guidelines for multimediabefore considering reserve usage.

If you are placing images on electronic reserve, in addition to meeting the fair use criteria and/or the multimedia guidelines, you must additionally undertake the following technical compliance measures:

  1. Obtain a copy of the program iWatermark from Computing and Network Services. Install the program and place the following watermark text: Fairfield University / For educational use only.
  2. Collect all images that you intend to use on your class site, and divide them into two categories:
    • images you know are not copyrighted (e.g. public domain photos, pictures you took yourself)
    • images that may be copyrighted
  3. Use iWatermark to take your folder of potentially copyrighted images and create a new folder of the same images with an overlay of the appropriate disclaimer (see iWatermark instructions)
  4. Move the watermarked versions of the image to WebCT or other distance education site.

When placing reproductions of audio recordings or music on reserve in the library or on electronic reserve, please refer to the Traditional Reserves Policy or the Electronic Reserves Policy.

Fair Use Criteria

  • Purpose of the Use: Materials must serve only the needs of specified educational programs; they must be placed on reserve only at the specific request of the instructor; students should not be charged specifically to consult the works, and no person or unit at the university should benefit monetarily from the use of the material.
  • Nature of the Work: Materials must be related directly to the educational objectives of a specific course; only those portions relevant to the objectives of the course may be placed on reserve; and reproductions of highly creative works are not generally appropriate unless they are the main subject of academic study.
  • Amount of the Work: Reproductions will generally be limited to brief works or brief excerpts from larger works; the amount of the work placed on reserve must be related directly to the educational objectives of the course.
  • Effect of the Use on the Market for the Original: Repeat use of the same material by the same instructor for the same course will require permission from the copyright owner; the materials will include a citation to the original source of publication and a form of copyright notice; no material should be included unless it is produced from a lawfully obtained copy; materials on reserve may not include any works that are available for students to purchase in the campus bookstore or other customary outlet.

For more information about library reserves, contact Elise Bochinski, at ext. 2892, or ebochinski@fairfield.edu.