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Images and music are complex, which makes the discussion of their copyrights complex as well. It is important to know that not all educational uses of copyrighted works, to include images or music, falls within the Fair Use limitations on a copyright holder’s exclusive rights.

Images

For images, layers may include a separate copyright for the artist, for the photographer, for the model or any identifiable person–if there is one, and for the publisher, etc.

Music

For music, there may be a copyright layer for each of the following: the sheet music, the performer, the lyrics, the “sound recording,” or the “musical work,” etc. 

Online

Also, for copyrighted content that is found online, there are usually contractual agreements, known as Terms of Use, which one must consider when procuring images or music for re-use. Terms of Use usually stipulate that, just by accessing the website or content, you agree to their specific terms.

Fair Use or Need Permission?

When using copyrighted content, there will need to be either permission granted in writing (verbal agreement will not suffice) or a finding in favor of Fair Use, even if the use is for educational purposes. The USG provides a Fair Use Checklist, for analyzing content for a proposed use. This analysis is based upon fact-specific inquiry of each instance of a proposed use of copyrighted content. A blanket analysis cannot be made; each instance has to be individually analyzed. 

For creative works such as images and music, the second factor of the checklist, “Nature of the Work,” plays an important part in the analysis as it stipulates that works that are “fictional or highly creative (art, music, novel, film, play or poetry),” weigh against fair use.

However, no one factor is dispositive; all the factors must play a part in the analysis.

Public Domain

Most published copyrighted content that was published before January 1, 1923, is in the Public Domain. See the Public Domain page for more information about assessing the copyright status of a work based upon date, publication status, and place of origin or first publication.

Creative Commons

For images that are licensed under a Creative Commons (CC) license, particular attention must be paid to the required attributions and compatibility issues of the specific license. See the Creative Commons page for more information about using Creative Commons licensed copyrighted content. 

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