With the click of a button, thousands of images are instantly available on the Internet. But is it legal or ethical to use them?
Copyright protects photos, stories andillustrations—including ones online. From the moment a work is created, copyright exists. It doesn't need a © notice to be protected. Some helpful tips:
"COURTESY OF" DOESN'T CUT IT Legally, you must still receive permission from the copyright owner; a credit line won't protect you from claims of copyright infringement.
GOOGLE DOESN'T OWN THE PHOTO Including a photo credit that says "Photo by Google" isn't accurate. Google provides a platform for searching for images but the photos don't belong to it.
WHAT ABOUT FAIR USE? A limited amount of copyrighted work can be used for news, educational or information purposes without consent. Writing a Beyonce's CD review? You can use the album art. Wanting to decorate a page with Beyonce's outfits? That's going to be an issue.
THERE ISN'T A 30-SECOND RULE WITH MUSIC Copyright law doesn't provide word or time specifications for use of copyright protected works. Instead, the focus is if the "heart" of the work is used and does it affect the market value of the work?
SO, WHAT'S NOT COPYRIGHTED? Ideas, facts, maps, most federal government records and some state and local records. Photos from a .gov website can typically be used without permission, but remember to attribute the images to the photographer and source agency.
STUDENTS OWN THEIR COPYRIGHTED WORK High school journalists are considered "independent contractors" and not "work for hire." Therefore, they own the work they create, even if they use school equipment.
Bonus tip: For more information, see The Student Press Law Center's guide to fair use and their list of copyright-safe materials student media can use. The SPLC is a great resource for student journalists, providing informational materials online and legal advice by phone.
