Image Copyright for Teaching Learning and Research

About copyright and artistic works

Copyright is a form of property right automatically granted to the creator of original works of artistic craftsmanship. Copyright lasts for the lifetime of the creator and for an extended period after their death. Under UK legislation, the protection lasts until 70 years after the end of the calendar year of the death of the creator. Even after the artist's death, a photographer of the artwork may own the copyright in the photograph. The creator, or rights-holder has economic and 'moral' rights of control over any form of copying, adaptation or distribution of the work.

Do's and Don't's

Do seek permission to use the image
It is always advisable to seek the creator's written permission before reproducing an image. This is of particular importance if you digitally scan or download an image, even if you believe an exception could be made under 'fair dealing'. Some websites declare that their resources, such as clipart or images intended for educational use, are copyright-free. Check the site's terms and conditions, always acknowledge the source and contact the rights-owner if in doubt.

Do acknowledge the creator and source of the image
All reproductions of copyright works must be accompanied by sufficient and full acknowledgement, i.e. title of the work, the artist's name and the source particulars. Reproductions not acknowledged or credited are not considered "fair"

Don't alter the image
Using distorted, cropped or tinted images, additions, etc, or any treatment considered a derogatory treatment, cannot be considered "fair" in any context, may infringe moral rights and should be avoided.

The Copyright Licensing Agency (CLA) Licence for Academic staff

CLA Print-to-Digital Image Scanning for Weblearn modules
The University subscribes to the Copyright Licensing Agency's Photocopying and Scanning HE Licence. A limited percentage of images from certain printed publications owned by LondonMet Libraries may be scanned on request by Library Services. Images and text may be used in Weblearn providing the CLA licence conditions are satisfied. It is your responsibility to ensure that images made available through your Weblearn module are legal.

Scanning for WebLearn Guide and Request sheet

The CLA contact and Licence administrator is Cathy Phillpotts, Learning Resources Manager at Commercial Road. email: c.phillpotts@londonmet.ac.uk.

Digital-to-digital reproduction is not covered by the CLA licence
The licence does not cover downloading an image from a website or other electronic resource for display or re-distribution. This includes using the copied image in Weblearn or projecting it digitally for classroom teaching.

CLA Print-to-Print image reproduction
The CLA licence allows multiple paper photocopies of images from paper sources. A copy may be made by Library Services for the Academic and for each student enrolled on a course of study. Material from a list of 'excluded' publishers is not permitted under the licence.There are strict limits to the percentage of a publication that may copied and some material is excluded. Excluded material is listed on the CLA website.

UK 'Fair Dealing' exemptions

It is generally accepted that one copy, or print-out of an artistic work is permissable if made for the purpose of non-commercial research or private study. 'Fair dealing' exemptions do not automatically cover the copying of images for use in teaching. 'Fair dealing' is open to interpretation by the courts. Cases are usually decided by assessment of the economic impact on the copyright owner, the intended purpose of the work reproduced and considerations of the impression and proportion of the reproduction.

'Fair Dealing' 'Criticism and Review'
What is allowed: criticism and review must be the primary object of the copying; for example, the artwork is reproduced in the body of an article commenting on the artwork or is used to illustrate a comparison between works of art.
What may be an infringement: a handout where the artwork is reproduced alongside the lecturer's thoughts on the work might be considered as a teaching method, rather than criticism and review.

'Fair Dealing' 'copying in the course of instruction, or preparation for instruction'
What is allowed: one copy may be made of the original but not by 'reprographic means' this term includes photocopying. However, under the CLA licence academics may apply for multiple photocopies to be made.

'Fair Dealing' 'private study and research'
What is allowed: one copy of an illustration or a single printout of a scanned or downloaded image may be made under this defence. The copy must not be used for commercial purposes.

'Fair Dealing' 'for the purpose of examination'
There will be no infringement of copyright where the artistic work is used for the purposes of an examination. In those circumstances there is no prohibition on reprographic copying.

Works 'in the public realm'
Photography or filming of buildings, sculptures and works of artistic craftsmanship permanently on display in public places, including premises open to the public, does not infringe copyright in the UK.

A page of information about copyright issues with contact details for London Met staff may be found on the University's Copyright Information webpage.

Copyright Advice and Tools

The Finding Images Online page within this section links to sources of rights-cleared images for educational use. Please use the links below to agencies providing information and advice about copyright and images.

Web 2.0 Rights Project A JISC project that provides a basic IP and Legal Issues toolkit for projects engaging with next generation technologies. Includes flowcharts and diagnostic tools.

JISC Digital Media online tutorial guides you through problems and solutions to image copyright in education.

Jorum A new e-learning module to help people dealing with intellectual property rights in universities. After completing the module, they will be better able to create, exploit and manage digital content with confidence, using a risk managed approach

Links to copyright advice organisations

UK copyright Legislation 1988 Copyright, Designs & Patents Act, as amended

CLA The Copyright Licensing Agency

IPO The Intellectual Property Office

JISC Digital Media (Copyright FAQs)

World Intellectual Property Organisation

Disclaimer: This page has been prepared to give basic advice and guidelines towards good practice. Although care has been taken in preparing the guide, the authors and publishers do not accept responsibility for any omissions or errors that may have occurred. The guidance given here is not a substitute for legal advice and no responsibility can be accepted for any loss or damages arising from this information.