Question 1(b)

Can you reproduce a Charlie Parker image both for teaching and for open website use to advertise the curriculum for the University (if you remember one of the video sequences alerted the user to the possibility of content being placed outside the VLE and into a website that could be accessed by anyone)? The image was taken from Alma Hales’s website, which contains the following terms and conditions of use:

Our educational policy is as follows

Students may download and use our images in their own work. A credit to © Alma Hales is required.
An individual teacher may make use of our images in the course of non-commercial instruction . A credit is required as follows: © Alma Hales 2007

Can you reproduce a Charlie Parker image both for teaching and for open website?

	Yes:	The terms and conditions of use confirm that it’s OK to reproduce the image for non-commercial instructional purposes. I’m using them in the VLE which falls within clause (2) above and the use on the web page isn’t commercial and the website is educational.
Incorrect Answer : It would be fine to reproduce the image in the VLE for teaching purposes. It’s outside the scope of the above terms and conditions to use the image to promote the course (and along with that the institution). Many websites contain explicit licences stating how the work can be used (often stating that non-commercial educational use is fine). It’s worth noting when dealing with photographs in general, there might also be copyright in the contents of the photographs – eg photo of artwork which creates layers of copyright, each requiring clearance, possibly.
	Yes:	I’m using the image for educational, purposes so there are no copyright restrictions anyway.
Incorrect Answer : Section 32(2A) of the Act states: Copyright in a literary, dramatic, musical or artistic work which has been made available to the public is not infringed by its being copied in the course of instruction or of preparation for instruction, provided the copying: is fair dealing with the work, is done by a person giving or receiving instruction, is not done by means of a reprographic process, and is accompanied by a sufficient acknowledgement The photograph in question would have to be copied by reprographic means in order for the academic to use in his lecture, which is being used in the VLE. See also Educational copying.
	No:	The terms and conditions of use confirm that it’s OK to reproduce the image for non-commercial instructional purposes. I’m using them in the VLE which falls within clause (2) above. However, it is outside the scope of the above terms and conditions to use the image to advertise the course (and along with that the Institution).
Correct answer. Alma Hales as the author of the work has granted permission through the terms and conditions on the website. It is worth noting a photograph, irrespective of its artistic quality, is an artistic work (s.48(1) of the Act). The photographer is considered as the author of the photograph, and protection is 70 years from the death of the author. There might also be copyright in the contents of the photographs. If the photographs are of works of art, the works (paintings, sculptures etc) may require clearance. If the photographs are personal they may contain images of individuals who ideally should grant approval before being circulated more widely. See also Categories of works and periods of protection. Note : If you have not read any of the other answer(s), it would be a good idea(recommended) to do so when you have more time as the other answers provide more information and will help build up or extend your overall copyright knowledge.

Reveal answer

Hide answer

Correct Answer

The correct answer is No – the terms and conditions of use confirm that it’s OK to reproduce the image for non-commercial instructional purposes. I’m using them in the VLE which falls within clause (2) above. However, it is outside the scope of the above terms and conditions to use the image to advertise the course (and along with that the Institution).

Alma Hales as the author of the work has granted permission through the terms and conditions on the website. It is worth noting a photograph, irrespective of its artistic quality, is an artistic work (s.48(1) of the Act). The photographer is considered as the author of the photograph, and protection is 70 years from the death of the author. There might also be copyright in the contents of the photographs. If the photographs are of works of art, the works (paintings, sculptures etc) may require clearance. If the photographs are personal they may contain images of individuals who ideally should grant approval before being circulated more widely. See also Categories of works and periods of protection.

Note : If you have not read any of the other answer(s), it would be a good idea(recommended) to do so when you have more time as the other answers provide more information and will help build up or extend your overall copyright knowledge.

Previous | Next

Exercise 2

Exercises

Sections

References

Question 1(b)

Correct Answer