Legal Question in Intellectual Property in New York

It is not illegal to make fair use of a copyrighted image. The difficulty is often in determining what constitutes fair use. It is incorrect (though popularly believed) that it is fair use if you don't profit from it. But among the so-called "fair use factors," nonprofit educational purpose is weighed in favor of fair use. The entire codification of "fair use" in 17 U.S.C. � 107 is:

"Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include� (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."

That's easier said than applied. Perhaps your school's legal department or librarian can help your teacher to better understand where to draw the fair use line.

While I agree with Mr. Mitchell's response, I will add that fair use is about the murkiest area of copyright law. When your teacher tells you to stay away from copyrighted images, s/he is asking you to simply avoid the entire question.

Note that a plaintiff's proof of copyright infringement does not depend on publication or on remuneration for the infringing work. It's sufficient to have a valid copyright in the image and a "substantially similar" (whatever that means) copy. Fair use is a defense raised to an allegation of infringement. Why put yourself into the position where you're defending an action rather than simply avoiding the entire problem to begin with?

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.