Myths

Myth: Fair Use allows me to use any image I want in a password protected online course.

This is a myth in the truest sense: it is an attempt to explain the unexplained and there is no way to know whether it is true or not, at least not for the time being. It is generally believed that the same Fair Use guidelines apply to the password protected classroom environment that apply to the traditional classroom. However, Fair Use is so fuzzy that this isn't much comfort.

In any case, there are some steps you can take to protect yourself:

1. Only use copyright-questionable images if they are instructionally necessary. While images can add a lot to a page aesthetically, it is not a good idea to decorate your course content with copyright violations. Use good judgment in choosing images, both in terms of their instructional relevance and any motivations the copyright holders might have in protecting their rights.
   
   
2. Always ask permission. Even if the myth here is true, Fair Use only allows you to use a copyrighted item one time without permission. The purpose of that allowance is to allow for spur of the moment inspiration. Although there are no guarantees, you are probably safe using an image once as long as you give credit to the source and document an attempt to ask permission near the time of usage, and certainly in time to expect an answer back before a second usage. While asking for permission is an inconvenience, it is certainly better than a legal challenge.
   
   
3. Cite the source. There are several ways you can do this:
   • You can make mention of the image in your text on the page and then provide a citation after it. Take the logo below, for example (Image Source: The Copyright Site, http://www.thecopyrightsite.org).
   • Another way to cite an image is by putting it into a table and placing the citation below it.
     
     

   Image Source: www.thecopyrightsite.org Used with permission.

   
   
   • Yet another way to cite an image is by putting the citation information in the image's alt tag, which will pop up when the mouse pointer is hovered over it. Most HTML editors (like Dreamweaver or FrontPage) and even some online course management systems make it very easy to add alt tags for images, and with the increasing drive for compliance with Section 508 of the Rehabilitation Act (which requires that all Federal agencies' electronic and information technology be accessible to people with disabilities), it is a good idea to use alt tags anyway. If you need to work directly in HTML, the code for an alt tag looks like this: <img src="header_sm.gif" width="163" height="40" alt="Image Source: www.thecopyrightsite.org">.
     
     
   
   

   Images can add a great deal to a course web site for both instructional and aesthetic purposes, but you do need to be mindful of copyright issues when choosing and using them.