HIT: Photocopying/Scanning Pictures and Copyright

[Tracey Donaldson <bookluv@STNY.RR.COM>]

Thank you to everyone that responded to me on this one.  I had many people
ask for a HIT. I'm glad I'm not the only one confused on this topic.  The
general concensus seems to be that it is fine for a student to photocopy or
scan 1 picture from a source for use in a report under fair use guidelines.
(See responses below.)


Original Question:  Can someone clear up a copyright question for me?  Many
of the teachers in my building assign research projects on animals and
require pictures to be included in the final project.  I have students
wanting to either photocopy or scan pictures from books or magazines and
just put those in their reports/project to turn in.  Is photocopying and
scanning these against copyright law?  I assume it would be, but I'd like a
definitive answer to this one.  Thanks!


**It is perfectly legal if the student does the copying and uses it in a
report.  It is not legal for the teacher or librarian to do the copying.

**If I remember correctly from the copyright workshop that I took a few
months ago, if the pictures go into an educational project that is kept
within the school/classdistrict it is not a violation of copyright.

**I have done a lot of research on this, and am still not entirely clear
about it, but to the best of my understanding:
Copying or scanning a single picture from a particular source for use in a
classroom project or presentation is within the parameters of fair use.
However, said picture may NOT be "published" or distributed anywhere - not
on a class web page or in a flyer or handout to parents, for example -
without the permission of the copyright holder.
The key seems to be the use in a classroom project - which is fair use -
while further sharing of the picture exceeds the limitations of fair use.

**I'm not certain, but I know you can use things for "scholarly" purposes as
long as they are not used for profit.  I doubt if anyone is going to come
after an elementary student (just make sure the credit the source so they
know they can't pass it off as their own).

**A student may copy a picture and include it in a report without violating
copyright, but a teacher may not do the same for a classroom presentation
unless the lesson was going to be used one time. Additionally, I understand
that while a student may copy a picture for a report, that same student may
not then present that to a group. Crazy isn't it?

**As long as the students acknowledge the source of their artwork in the
report copying should be termed fair use.

**They can do this provided that the reports GO BACK TO THE STUDENT after
grading.

**As I understand the copyright law, students are allowed one copy of
a picture or a brief section of text if it is to be used in research.
This applies even to the sort of research done by young children.  It
does not extend to use beyond the classroom.  They do need to give
credit to the source.

**The law allows much more leeway for student work than for any other
purpose.
  It would not be a violation of copyright law for the students to photocopy
or scan the pictures for work done solely as a class assignment.

**We let them scan and photocopy but teachers require a full bibliographic
record for each graphic used, whether in a report or a computer project. My
"Teacher Guidelines to the Copyright Law" says that one may copy "one chart,
graph, diagram, drawing, cartoon, or picture per book or periodical" and
that "all copies must include notice of copyright."




***************************************
Tracey Donaldson, LMS
Tioga Hills Elementary, Vestal, NY
bookluv@stny.rr.com

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