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//Note: This wiki is an 8 week work in progress. If, as you are reading it, you find incomplete statements or concepts that is why.//

Introduction
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Welcome to our ID 3103 Digital Images Wiki.

For decades instructional theories, such as Dale's Cone, have advocated the use of imagery to support instructors' teaching. This provides students with visual images and cues that help clarify what the instructor is saying, and can make the learning process more effective and entertaining.

This wiki has been created to discuss the use of digital imagery in the educational setting, with a specific focus on how copyright laws in Canada govern their use.

Please use the navigation table to the right to navigate through this wiki.

What are digital images?
According to [|Wikipedia] a digital image is "//a representation of a two-dimensional image using ones and zeros (binary)//". In simple terms, it is an image that has been scanned into a computer, or created via digital means.

The first scanned image was created in 1957 by Russel A. Kirsch. Mr. Kirsch worked for the National Bureau of Standards, and scanned a photograph of his baby son into a computer ([|source] ).

The first digital cameras to be made commercially available were made in 1990 (Dycam Model 1) and most notably in 1991 (the [|Kodak DCS-100] ). Commercially available is a relative term of course, with prices ranging over $10,000 per camera. :) While digital images were used in graphic design classes, and were sometimes printed out for use on posters, etc in the classroom, the use of digital images in the classroom grew significantly with the development of digital projectors that allowed an instructor to display the images on a projected screen. The first LCD projector was created in 1984, and marketed commercially in 1988 ([|source] ).

Software such as MicroSoft [|PowerPoint] and Apple [|Keynote] is commonly used to prepare and deliver presentations that contain digital images. PowerPoint was first created in 1984 and has gained widespread use in the educational setting since.



Copyright laws
//**The Copyright Act**//

Copyright in Canada is governed by the [|Copyright Act] (R.S.C. 1985, c. C-42), that regulates the use and reproduction of intellectual and artistic creations. Copyright protects works from being copied, performed, or distributed without the permission of the copyright holder. Copyright refers to "//the right to copy or reproduce//". The Canadian Copyright Act gives copyright owners the right to reproduce their works, performances, sound recordings, and broadcasts. It also gives them the right to authorize others to reproduce their works. The ID 3103 textbook, page 214, states "//copyright arises automatically upon creation - it is not necessary to register a copyright in order for a work to be protected, nor is it necessary for the copyright symbol to appear on a work for it to have copyright protection//".

Although the Copyright Act was passed before digital content was widely available, digital works such as CDs, DVDs, Web Sites and other online documents and files are protected by copyright.

For general information on Canadian copyright law or on applying for registration of a copyright please visit the Canadian Intellectual Property Office's (CIPO) website at  [|www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/Home].

//**Copyright as it applies to images**//

The Copyright Act defines a photograph as:  In terms of digital images, namely photographs, the Copyright Act Section 10(2) defines the author of a photograph as:  While, generally speaking, the author is the first owner of the copyright there are exceptions to this rule found in the Act.
 * //"photograph includes photo-lithograph and any work expressed by any process analogous to photography"//
 * //"the owner of the initial negative or other plate at the time when that negative or other plate was made, or"//
 * //"the owner of the initial photograph at the time when that photograph was made, where there was no negative or other plate"//

Section 13 (2) describes the relationship wherein a photographer is hired to create a photograph, and is paid for their services. In this case, unless a contract specifies otherwise, the author of the photograph is the person who ordered and paid for the photography:  Section 13 (3) describes how the Act applies when a photographer creates a photograph in the course of their employment. In general terms the employer will become the author of the photograph unless a contract specifies otherwise:  The Act defines the following terms of protection for photographs:  If anyone who is not the owner of the copyright of a digital image copies and uses that image they are infringing on the rights of the copyright holder. Section 27 (1) of the Act states:
 * //"Where, in the case of an engraving, photograph or portrait, the plate or other original was ordered by some other person and was made for valuable consideration, and the consideration was paid, in pursuance of that order, in the absence of any agreement to the contrary, the person by whom the plate or other original was ordered shall be the first owner of the copyright."//
 * //Where the author of a work was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright, but where the work is an article or other contribution to a newspaper, magazine or similar periodical, there shall, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the publication of the work, otherwise than as part of a newspaper, magazine or similar periodical.//
 * <span style="font-family: Arial,Helvetica,sans-serif;">//"Where the author is a natural person, the term of protection will be the remainder of the calendar year in which the author dies, and for 50 years following the end of the calendar year."//
 * <span style="font-family: Arial,Helvetica,sans-serif;">//"Where the author of the photograph is a corporation.... the term of copyright protection will be the remainder of the year of the making of the initial negative or plate from which the photograph was derived or, if there is no negative or plate, of the initial photograph, plus 50 years."//
 * //"It is an infringement of copyright for any person to do, without the consent of the owner of the copyright, anything that by this Act only the owner of the copyright has the right to do."//

//**Fair Dealing**//

“//Fair dealing for the purpose of research or private study does not infringe copyright”// Section 29 Copyright Act (1985) C-42

The 5 categories defining ‘purpose’ in the Copyright Act are: <span style="font-family: 'Arial','sans-serif'; font-size: 10pt; line-height: 115%;">The Canadian //<span style="font-family: 'Arial','sans-serif'; font-size: 10pt; line-height: 115%;">Copyright Ac //<span style="font-family: 'Arial','sans-serif'; font-size: 10pt; line-height: 115%;">t does not define ‘fair dealing’ beyond these categories leaving //<span style="font-family: 'Arial','sans-serif'; font-size: 10pt; line-height: 115%;">exceptions // historically interpreted restrictively compared to our US counterparts who use the term ‘fair use.’
 * 1) Research
 * 2) Private study
 * 3) Criticism
 * 4) Review
 * 5) News reporting

For differences between Fair Dealing (Canada) and Fair Use (USA) please see the comparison chart prepared by Association of Universities and Colleges of Canada (AUCC) at [].

In the last 10 years, it is argued that copyright and fair dealings must be better balanced between the creators’ rights and those of users. Without the users, creators’ ideas would not circulate.

<span style="font-family: 'Arial','sans-serif'; font-size: 10pt; line-height: 115%;">Murray & Trosow (2007) outlined how fair dealing may be determined (p 82).

Canada’s library community would like to see this expanded understanding of fair dealing explicitly written into any reformed law as evidenced by a recent appeal to the Crown September 2009. [] __.__
 * The **purpose** of the dealing: Does the use fall under one of the five categories?
 * If no, it's not fair dealing
 * if yes, proceed to the following five tests and make a judgment based on the cumulative weight of all results.
 * The **character** of the dealing (number of copies)
 * The **amount** of the dealing (percentage of original work)
 * **Alternatives** to the dealing (non-copyrighted equivalent?)
 * The **nature** of the work (publicity and exposure)
 * The **effect** of the dealing on the work (competition)

//**Public Domain**//

<span style="font-family: Arial,Helvetica,sans-serif;">Images can also exist in the public domain. The ID 3103 textbook, pages 214 / 215, state:

//"The phrase public domain is a copyright term referring to works that belong to the public".

"Works are considered to be in the public domain for several reasons://
 * //because the term of copyright protection has expired.//
 * //because the work was not eligible for copyright protection in the first place, or//
 * //because the copyright owner has given the copyright in the work to the public."//

//"A work in the public domain is freely available for anyone to use without asking for permission or paying royalties."//

//**Creative Commons**//

<span style="font-family: Arial,Helvetica,sans-serif;">In addition to the above, a growing number of online images are being published with [|Creative Commons] licenses (for example, many of the images on [|Flickr] and [|Wikimedia Commons] ). The licenses under the Creative Commons non-profit organization are designed to give copyright holders [|a range of permission options] <span style="font-family: Arial,Helvetica,sans-serif; font-size: 10pt;">for digital intellectual property and in most cases allow educational uses.

<span style="font-family: Arial,Helvetica,sans-serif;">

<span style="font-family: Arial,Helvetica,sans-serif;">Digital image use in the classroom
<span style="color: #000000; font-family: Arial,Helvetica,sans-serif;"> //**<span style="color: #0000ff; font-family: Arial,Helvetica,sans-serif;"> Use of digital images in the classroom**//

Section 29.4 (1) of the Copyright Act is entitled "//Reproduction for instruction"//, and states:
 * //"It is not an infringement of copyright for an educational institution or a person acting under its authority//
 * //(a) to make a manual reproduction of a work onto a dry-erase board, flip chart or other similar surface intended for displaying handwritten material, or//
 * //(b) to make a copy of a work to be used to project an image of that copy using an overhead projector or similar device//
 * //for the purposes of education or training on the premises of an educational institution."//

However, section 29.4 (3), entitled "//Where work commercially available//" also applies:
 * //"Except in the case of manual reproduction, the exemption from copyright infringement provided by paragraph (1)(b) and subsection (2) does not apply if the work or other subject-matter is commercially available in a medium that is appropriate for the purpose referred to in that paragraph or subsection, as the case may be."//

This states that **it is ok to utilize an image that you do not hold copyright for to project it digitally in the classroom, only if the image is not commercially available anywhere**. In other words, if there is an avenue for the image to be purchased (or I am assuming a license to be purchased), that is the way you must go.

The Copyright Act does allow for the formation of copyright collectives that represent groups of copyright owners for the purpose of collecting copyright payments and authorizing the use of their works. In most of Canada schools have signed licensing agreements with a collective called [|Access Copyright, The Canadian Copyright Licensing Agency]. The school pays an annual fee to Access Copyright for the right to copy protected works in the educational setting, within boundaries set by the collective.


 * Digital Licensing exists outside of the Access Copyright Licenses however**. Activities that would be covered by digital licensing may include scanning (taking a print work and digitizing it), printing a digital work, and taking a digital work and using it in a different digital format.


 * In order to legally do these things the instructor must obtain permission from the copyright holder, purchase a commercially available digital image for use in the classroom directly, or apply for a digital transactional license that allows for these activities.**

//<span style="color: #0000ff; font-family: Arial,Helvetica,sans-serif;">**Can I alter digital images I do not hold copyright for?** //<span style="font-family: Arial,Helvetica,sans-serif;">

Work can only be altered by the owner of copyright. <span style="color: #0000ff; font-family: Arial,Helvetica,sans-serif;"> <span style="font-family: Arial,Helvetica,sans-serif;">

//** Can I take any image off the internet to use? **// //<span style="color: #0000ff; font-family: Arial,Helvetica,sans-serif;">**How do I get permission to use images from the internet?** //

<span style="font-family: Arial,Helvetica,sans-serif;"> <span style="color: #000000; font-family: Arial,Helvetica,sans-serif;"> Source: Copyright and Digital Images []
 * 1) <span style="font-family: Arial,Helvetica,sans-serif;">Look for the copyright statement (sometimes this is hard to find ). Check the 'permissions', 'copyright', or 'about us' pages to see if automatic permission is granted.
 * 2) <span style="font-family: Arial,Helvetica,sans-serif;">If the copyright statement states that you are free to use the images then you may include** but **you must still provide a citation to where you found the image.
 * 3) <span style="font-family: Arial,Helvetica,sans-serif;">If there is no copyright statement or the copyright statement does not freely allow the image to be used:
 * <span style="font-family: Arial,Helvetica,sans-serif;">Contact the holder of the copyright (creator/website) to ask permission ('contact us' link). Written permission (email is ok) is considered advisable.
 * <span style="font-family: Arial,Helvetica,sans-serif;">Or consider looking for a ‘free’ alternate image

[|PhotoGraphicLibraries] – <span style="font-family: Arial,Helvetica,sans-serif;">Public Domain Images / Free images. This site provides a comprehensive list of public domain image sites.

<span style="font-family: Arial,Helvetica,sans-serif;">__Copyright statement__: “By downloading these images you are agreeing to our terms and conditions. You may not redistribute these images as part of a collection or sell them. Don't Forget: You must link to or credit this site if you use these images”
 * Free Images** - []

<span style="font-family: Arial,Helvetica,sans-serif;">__Conditions of use__: “Resources and materials available through the Digital Library and Archives…are available for use in research, teaching, and private study. For these purposes, you may reproduce (print or download) materials without prior permission, on the condition that you provide proper attribution of the source in all copies”.
 * Image Base** - []

- __http://antwrp.gsfc.nasa.gov/apod/astropix.html__ <span style="font-family: Arial,Helvetica,sans-serif;">__Copyright Statement__: ”…NASA does not “license” the use of NASA materials or sign license agreements. The Agency generally has no objection to the reproduction and use of these materials (audio transmissions and recordings; video transmissions and recording; or still and motion picture photography), subject to the following conditions…. “
 * NASA images** - []

<span style="font-family: Arial,Helvetica,sans-serif;">__Statement__: The images and photos found in this archive come from three main sources: the National Aeronautics and Space Administration (NASA), the National Oceanic and Atmospheric Administration (NOAA), and the U.S. Fish and Wildlife Service (FWS). Each of these sites clearly state that their photos and images are in the public domain and give the conditions for their use. Please read their statements. <span style="font-family: Arial,Helvetica,sans-serif;">Another way to find images is to use Google>>Images>>[|Advanced Image Search] and enter the topic you are looking for. <span style="font-family: Arial,Helvetica,sans-serif;">__Co<span style="font-family: Arial,Helvetica,sans-serif;">pyright Statement __ : “The images identified by the Google Image Search service may be protected by copyrights. Although you can locate and access the images through our service, we cannot grant you any rights to use them for any purpose other than viewing them on the web. Accordingly, if you would like to use any images you have found through our service, we advise you to contact the site owner to obtain the requisite permissions.”
 * Gimp-Savvy** - []

In digital format on websites, multimedia presentations, broadcast film and video, cell phones. In printed promotional materials, magazines, newspapers, books, brochures, flyers, CD/DVD covers, etc. Along with your corporate identity on business cards, letterhead, etc. To decorate your home, your office or any public place. __Statement__:The Pics4Learning collection is intended to provide copyright friendly images for use by students and teachers in an educational setting. The original photographers of each image retain the copyright to these images and have graciously allowed their use in this collection. The images may not be sold as an image collection or partial image collection. Images in the Pics4Learning collection may be used by teachers and students in print, multimedia, and video productions. These could include, but are not limited to, school projects, contests, web pages, and fund raising activities for the express purpose of improving student educational opportunities.
 * Pixel Perfect** - http://www.pixelperfectdigital.com/ __PERMITTED USAGE__
 * Pics 4 Learning** - http://www.pics4learning.com/

An alternative to copying images
There may be times where you have an image you want to use in the classroom, but cannot obtain the right to copy it, nor can you find a similar royalty free image.

During these occasions you can use a piece of equipment known as a visualizer or document camera. These are //"real-time image capture devices for displaying an object to a large audience. They are, in essence, high-resolution web cams, mounted on arms so as to facilitate their placement over a page. This allows a teacher, lecturer or presenter to write on a sheet of paper or to display a two or three-dimensional object while the audience watches."// ([|source]).

These devices allow you to place any object underneath the camera, be it a photograph or a 3D item such as a flower. The visualizer sends the camera signal out to a computer or a digital projector where it can be viewed by your students. Because you are not actually copying the image you are not violating copyright by placing it underneath a visualizer for projection onto a screen.

Visualizers range in price depending on make and model, and are available through most office supply companies such as [|Staples].

News
Digital Locks and the Fate of Fair Dealing: in pursuit of "prescriptive paralelllism" [|www.innovationlaw.org/Assets/Craig.ppt]

Fair dealing missing under rules of new copyright law

<span style="font-family: 'Arial','sans-serif'; font-size: 10pt;"> [] __#__

Tracking the Copyright Cons​ultation Roundtables: Fair Dealing Emerges As Top Issue <span style="color: blue; font-family: 'Arial','sans-serif'; font-size: 10pt; line-height: 115%;">[]

Conclusion
<span style="font-family: Arial,Helvetica,sans-serif;">This wiki has been created as a guide to the use of digital images for educational purposes, as governed by the Canadian Copyright Act. A short summary of such use is outlined, with references to particular sections of the Copyright Act. We have also discussed the concept of Fair Dealing, as well as provided sources of copyright free or Creative Commons license images that can be used in the classroom. Finally, we enclosed a list of sources of public domain digital images, and a section to track the latest news in the Canadian copyright legislation and debates.

The recent Copyright legislation sparked discussion primarily in the academic circles, where the general opinion is that copyright law must provide a balance between new protections for online works and the statutory exceptions to provide reasonable access to Internet works for students, teachers, and researchers. Canada’s universities support copyright modernization for digital learning, and we hope that this short guide can serve as a brief introduction to this complex issue.

Links to Classmates Wiki's
http://print-material.wikispaces.com/

http://currentissuesincopyright.wikispaces.com/

http://3103creativecommons.wikispaces.com/

http://3103videos.wikispaces.com/

http://3103music.wikispaces.com/

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