Use Photos of Well-known Photographers on Presentation slide

'Is it legal', 'can I do this' type questions and discussions.
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PhotoLecturer
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Use Photos of Well-known Photographers on Presentation slide

Post by PhotoLecturer » Wed Aug 22, 2012 3:58 pm

Hi all,

I have a dilema here... Here's the situation.
I'm a photography lecturer and going to start my 1st week of lesson with inspiring my students by talking about the best photographers in different genres of photography. Is it ok to include copyrighted photos in my powerpoint slides when i talk about the photographer (with credit line)? Is that considered fair use for educational purposes?

Problem is, I can't really just get creative common photos or free photos to illustrate my point here as i want to show the photographer's work and talk about how great he/she is.

I personally take copyright very seriously and would remind my students never to copy / publish copyrighted photos without permission or purchase of license to photo usage in their blog / facebook etc. So i would like to set a good example when i do my lectures.

- I will be presenting this presentation slides to a class of 20 students
- This presentation will only be presented in the classroom, one-time.
- This presentation will not be passed on or be copied by staff or student, it will not exist outside of the classroom.

Alternatively, would it be better if i show the students those inspiring top-notch photos straight from the photographer's websites? (it's just a little bit of a hassle that i have to load every websites and photos that i want to show on the web browser and then switch back to my slides to talk about other stuff. But if that's the safest and most ethical way, I'll rather go for this.

Hope someone can provide some advices / solutions here. Thank you

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AndyJ
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Post by AndyJ » Wed Aug 22, 2012 6:05 pm

HI PL,
I don't think there is any problem with what you propose. Firstly, as you mention the fair dealing provisions under Section 30 (copying for the purposes of criticism or review) encompass what you want to do, but even more specifically, Section 32 (1) makes this legal where the purpose is fior educational instruction:
32 Things done for purposes of instruction or examination.

1) Copyright in a literary, dramatic, musical or artistic work is not infringed by its being copied in the course of instruction or of preparation for instruction, provided the copying—
  • (a) is done by a person giving or receiving instruction,

    (b) is not done by means of a reprographic process, and

    (c) is accompanied by a sufficient acknowledgement,
    and provided that the instruction is for a non-commercial purpose.
Here, 'reprographic' means essentially photocopying a work as a handout to students. As you will merely be projecting a copy of a digital file, you will meet all the criteria of s 32(1). Clearly you will wish to include an acknowledgement of the photographer responsible for each work as this serves part of the critical review. This should be done even where the photographer is unknown. The citing of sources is fairly standard practice in academic circles, and one which you will no doubt be encouraging your students to adopt in their course work and exams.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

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