FAQs: Using images in your course materials

The Copyright Act has a specific section (Section 28) which allows educators to show (or play or 'perform') a copyright work during the course of a face-to-face lecture or class, provided no fee is charged (for that particular viewing or lecture) and the class audience is (to the best of your knowledge) only made up of enrolled students and staff of the unit.

Apart from this, the Copyright Act also provides very broad licence for educators to use images (including diagrams, maps, artworks, photos, drawings, still screen captures, etc) as part of the Part VB 'CAL' statutory licence:

• you can copy images from hard-copy items (e.g. books or hard copy journals) provided that the student couldn't have bought that particular image separately and at a reasonable price.
• you can copy images from the open web.

The only caveat may arise where the image you want comes from one of the library's licensed databases or e-resources. These are governed by separate contracts or licensed which override the provisions and statutory licence in the Copyright Act - so the Part VB 'CAL' licence won't apply. You need, instead, to check the particular licence terms for that resource, by sending and inquiry through ask.monash (category Library>resources>databases).

Generally speaking, you won't need to remove images, diagrams etc from your lectures when placing them online in MUSO or similar unit website provided access is limited to staff and students of the University (ie not on the open Monash web).

Be aware though that the Part VB licence requires a copyright warning notice to be displayed 'before or at the same time as' students access the content (refer to the Teaching page and see also the demo notice embedded in a PowerPoint slide available on the Resources and Downloads page - NB Access restricted to Monash University staff and students).

Where private photos are shown in class or included in course materials or lectures, bear in mind there may also be privacy concerns if the subject (person/s) within the photos is/are identifiable. If in doubt seek advice from the University Privacy Office.

Refer also to the FAQs for Lecturing

Yes. You should always try to provide an accurate source citation with any image used, including, where possible, correct attribution of the creator (artist/photographer/illustrator). It may not always be possible to provide the source citation exactly where the image features in your work; you may need to add a list of references or credits at the end of your work instead. It may not always be possible to identify the actual artist, photographer or illustrator, but where this information is available to you the Moral Rights provisions within the Copyright Act require that you include proper attribution.

No. Just because an image can be found through a Google search doesn't mean it is free of copyright. However, if you are reproducing the image for students or making that image available in MUSO for teaching purposes the Part VB 'CAL' licence allowance may apply. If you intend to use the image for some other purpose (publication in Monash corporate documents, promotional use, publication on the public Monash web for example) then you will most likely need to seek permission from the actual copyright holder of the image. Google usually do provide an indication of the actual source for images found through their search engine. You could also try choosing the 'advanced search' option when using Google so that your search results will present only images that are 'labeled for reuse' or for 'reuse with modification' or 'commercial reuse' depending on your needs.

The answer to this may hinge on the degree of modification and whether your need to modify the image for your students can be classed as a special case.

If, after modification, your image or photo is still basically a recognisable copy of the original, then the Part VB allowance may apply - and you may include your modified image in your course materials (multiple copies printed as part of a course study guide or reader; or put online in MUSO or within lecture files, fulfilling the usual notice requirements etc). It should be noted, however, that the Copyright Act (Part VB) only refers to making copies or online 'communication' of images, photos drawings, etc ('artistic works' is the legal terminology): there is no reference in Part VB to making an 'adaptation' or modification to an image - and elsewhere in the Copyright Act this 'adaptation' is treated as a separate and distinct right of the copyright owner. In some cases, it may be safest to seek permission from the owner instead.

If your need to provide your students with a modified version (or versions) of an image could be defended as a 'special case' - a 'one-off' activity to demonstrate a particular point; with access limited to students enrolled in the unit, or access 'time limited' in some way - then there is another 'special case' allowance in the Copyright Act on which you could rely.

Be aware that any 'adaptation' or modification to an image (drawing, photo, cartoon, etc) that could be seen as derogatory treatment of that image, or that may harm the reputation of the creator of the original image, could be an infringement of the original creator's Moral Rights.

If in doubt, seek advice from the Copyright Adviser before you modify the image.

This is best avoided. If the characters could be accessed generally by anyone (ie available as images on the open web) then the Part VB licence allowance on copying or online use of images may apply, provided that those characters are on the Internet with the authorisation of the copyright holders (unlikely).

You may well find all manner of popular or classic cartoon characters on the Internet - but few will be there with authorisation from the copyright owner. None of the educational licences or allowances permits the University to copy, distribute or put online content which is, of itself, infringing content. And the University cannot be authorising access to infringing content.

Bear in mind also that, even where a character may be available with authorisation, copyright holders don't always recognise (or may not even be aware) that Australian educational institutions have allowances for educational purposes, and may still take action (and this can raise inconveniences for you, if your use has to be investigated).

This will depend on how you accessed those 'stills': if they could be accessed generally by anyone (ie available as images on the open web) then the Part VB licence allowance on copying or online use of images will apply. If on the other hand, you had to be a member or subscriber to get access, then you will, most likely, have agreed (enacted via some kind of 'click to agree' mechanism) to specific terms and conditions governing the use of content from that website, and in that case you have to follow those terms and conditions.

Remember that the Part VB licence allowance will only apply to 'still' images; the statutory licences in the Copyright Act do not permit you to copy and/or put online, movie trailers, even if for educational purposes. If you are considering doing please seek advice first from the Copyright Adviser.

No. If you are relying on the Part VB 'CAL' licence and the image exists for the purpose of illustrating or explaining the text you seek to copy, then this image is considered incidental to the copying of that text.

If you took the photos specifically for the purpose of creating those course materials - if that was the primary reason you took them - then the University may, indeed, own them in the same way that it owns all other course materials created for the University by staff or contractors employed specifically for that purpose.

If you took the photos as part of your research, then, under the University's IP Statute, you still own them, but the University retains the right to use them for teaching and research purposes (as part of a non-exclusive royalty free licence, from you the owner/creator, as established by the IP Statute).

If you took the photos independently of your employment with the University, but as part of your employment with another employer or institution, you should check whether that employer may, in fact, be the owner before you include them in Monash course materials. If your previous employer is actually the owner of the photos (you were contracted to take them or the employer owned them outright as part of the terms of your employment) you (on behalf of Monash) may need to obtain their permission before the photos can be included in course materials or lectures.

Finally, if you took the photos out of personal or private interest - they are from your own personal collection - and you wish to include them as part of your course materials, the University won't take over ownership. But you should consider how integral they are to the course materials and , if they are an important or essential part of those course materials - you should in effect, provide the University with written permission - like a licence agreement - to use them in the course materials, and negotiate any particular terms of use which relate to the use of those photographs with the Faculty business manager, the Copyright Adviser and/or the University Solicitor's office. Bear in mind that the University seeks to avoid situations where an employee may leave the University, taking vital course materials (or elements therein) with them, and leaving an 'empty' course behind for the incoming lecturer.