Copyright concerns

Don't let a new scanner be the source of copyright violations: know how to legally use images.

Be sure you're aware of the rules regarding images scanned from properties other than your own.

Now that you've bought a scanner, you probably want to use it to scan images into your computer, right? Of course you do -- that's why you bought the thing. But before you embark on a scanning odyssey, take a moment to think about the legal implications of what you are about to do. In particular, if you are scanning images created by third-parties (e.g. from magazines, books, etc.) without their permission, you could be engaging in copyright infringement.

Copyright law gives authors the exclusive right to prevent outside parties from copying, altering, or distributing their works without their permission. By scanning an image into a computer, you are making a copy; by using a scanned image to create a new image, you are altering that image; and by posting copies of that image on the web or handing out print-outs, you are distributing that image to others.

So what should you do if you want to avoid infringing on someone's copyright, but still want to make use of third-party images? Well, one option is to only scan and use images that are not protected by copyright. Copyright protection extends for a limited term, typically the life of the author plus an additional 70 years. So images created prior to 1900 are probably in the public domain and available for anyone. However, limiting yourself to such pictures will probably keep your presentations as up-to-date as your grandmother's record collection.

Another more realistic option is to get permission from the copyright owner to scan and use the image. The image may have a copyright notice, telling you whom to contact. If you are not sure whether a work is copyrighted, you can contact rights and permissions agencies to help your search. BZ/Rights & Permissions, Inc. (www.bzrights.com) and Thomson & Thomson (www.thomson-thomson.com) are two companies in the business.

If you don't want to deal with the hassles of working with copyright materials, however, there are many sources for royalty-free stock photos, background textures, and clip art. These can be purchased from sources such as PhotoDisc (www.photodisc.com). These images often come with broad license grants, which enable you to use the images freely. Be sure to read the fine print, however, to make sure that your intended use falls within the scope of the license grant.

Finally, even if you don't get permission, you may be able to make limited use of a scanned image if that use falls within what is called "fair use." Whether a use is "fair" or not is a pretty fuzzy question, and there are no clear rules. As a general matter, though, the more limited and non-commercial the use, the more likely it is to be "fair."

By contrast, commercial use of an image without permission will usually constitute infringement, unless the use is so limited as to be negligible (e.g. a tiny, insignificant part of the image). In the business context, many if not most uses will likely be commercial, so you should not place too much reliance on the idea of fair use.

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