So the struggle for me isn’t just one of understanding and discussing copyright and fair use, although clearly that’s involved–it’s also a question of whether this kind of use is actually helping students learn or understand. Does being able to find a diagram of a cell mean you understand cell structure?

However, I have left that role because I’ve realized how difficult it is to interpret the law and how the world has changed since the early days of copyright. I also know how seductive the availability of content is even when it’s illegal to access that content. For example, I find it very alluring to be able to download, illegally, something like the latest episode of Project Runway. It’s there, I can have it, so…. (I’m not saying I do download illegally but I am admitting the availability is quite compelling.)

What I think is important from mk’s post is the fact that we have to have conversations with teens (and others) about this topic. We can’t give an easy answer of “no you can’t” and we have to be able to explain why the “no you can’t” is the case, even if the content is so easy to access illegally. We have to give teens the chance to make good choices, and they can’t make those choices if we have a pat response.

In conversations with teens about content and copyright we can talk about why the law is the way it is. We can talk about how confusing it is. We can suggest that laws might need to change and give teens some support in helping to make that change.

For a long time I’ve been suggesting to teens that they creative commons license their own work – music, mashups, images, research papers, poetry, etc. I do that because I think this is a great opportunity for them to think about what copyright and licensing is all about and consider what it means for them and for others.

And, I think it needs to also be said, that we are certainly in a time of flux when it comes to copyright and that it’s a time when perhaps old models need to be changed to better support current needs, technology, and uses.

You’re right that it’s a false dichotomy, and there are many more options between always asking for permission and using whatever you like from the internet without a care in the world–but in my current setting, I’m seeing much much more of the latter, which is why I’d like to encourage more thoughtful use of online resources, particularly images.

I’m not sure copyright was “designed” for anything, or it would be a lot more comprehensible and systematic than the legal patchwork we deal with today. It’s purpose, however, is to protect the public interest in the proliferation of content, and in eventual access to it (although increasing term lengths challenge this aspect of the public interest.) I think the dichotomy you present, between erring on the side of extreme caution and people using anything they find online, is a false one. I do volunteer work with teenagers. They can deal with complex concepts. I’d love to see people teaching students to take their best stab at a fair use analysis when using someone else’s works, rather than encouraging an “always ask permission” culture.

Indeed, citation and copyright are separate issues–but certainly related, which is why I think it’s important to discuss them together. Part of the reason we teach students to cite properly, after all, is to help them understand the concept of intellectual property, which copyright was designed to protect.

Your point about relying on advice from folks with a commercial interest in their work is well-taken (and it’s possible that “Brad” was working off a script and ignored the part where I explained that I was a high school librarian specifically asking about academic use).

That said, I’d personally rather a student err on the side of interpreting copyright conservatively (and start a discussion about why some industries might try to put out more conservative guidelines) than go in the other extreme and figure they can use anything they find online.

Copyright law doesn’t specifically speak to citation or attribution – of course it looks bad (and is rude, and may violate standards of academic integrity) to use an image without citing the source, but if your use of the image was legitimate (i.e., it’s public domain, or you’re making a fair use) there is _no legal requirement to cite_. As mk Eagle points out above, the rules about citations for images – whether just making reference to one, or including a partial or full copy – come from the appropriate style guides.

I totally understand your frustration at incomplete and inconsistent image use guidelines out there, but I would be very wary of relying on “licensing experts” at commercial image services for guidance on what your patrons can do with images. The guidance the movie and music industries put out on use of their content, and the guidance the publishing industry puts out on use of books, are often far more conservative than what the law actually allows. Frequently, their information downplays or ignores the vital creative “safety valve” of fair use. While your contact above seems to have suggested that any and all printing of a Getty image must be paid for, that is not true – fair uses do not need permission or payment. Unfortunately, what constitutes fair use in an individual case can be very confusing and sticky – but most black-and-white, hard and fast sets of rules ignore the subtleties that protect free expression and cultural participation.

Tim Wu just put out a great, accessible discussion of what fair use is really about on a practical level. http://www.slate.com/id/2233152/

ALA’s OITP also has a helpful tool for assessing whether any given use is fair. http://librarycopyright.net/fairuse/

Hope you may find these useful.

What is clear: any time a student references an image for a paper or project, they should cite that image according to your preferred writing style’s guidelines; MLA 2009 is pretty clear on images and images accessed online.

What’s less clear: if and how you (and students) can use images with proper attribution. My advice? Stick with images from sources where terms of use are abundantly clear (like Creative Commons and Getty).

And always encourage students (and each other!) to contact copyright holders directly to find out if they can reproduce an image if those terms Aren’t clear–most sites have some way to contact authors and artists. In a lot of cases, I’d bet creators would be pleased to know their (properly attributed work) is getting out there and being helpful to scholars of all ages.

It’s also a great lesson if the answer turns out to be no, too! Start a conversation about ownership and art. Ask your students to step into the shoes of an AP photographer, or a painter, or a journalist. Why might someone want other people to use their work, and why might someone want to control who gets to use it?