I'm not sure if this is entirely true. If the image returned by Google Image Search--let's say it's a photography class, and the professor finds a photo that exhibits a good use of depth of field--is normally only available to be purchased, but the teacher (and potentially many teachers) uses this photo in their class, they are potentially harming the original photographer's market, which is the fourth stipulation when it comes to examining fair use.<br>
<br>Sure, it's a nuanced argument, but it just goes to show how even educational fair use isn't black and white.<br><br>Also, please point out if this doesn't make any sense at all.<br><br clear="all">-Adi<br>
<br>PS. Hooray for IP reading?<br><br><div class="gmail_quote">On Mon, Jan 26, 2009 at 3:13 PM, Kevin Driscoll <span dir="ltr"><<a href="mailto:driscollkevin@gmail.com">driscollkevin@gmail.com</a>></span> wrote:<br>
<blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">As much as it is valuable to reveal the richness of open materials,<br>
it is very important to reassure to teachers and professors that they<br>
are legally permitted to use images returned by Google Image Search in<br>
their classrooms.<br>
<br>
A related problem, of course, is that when these lectures go into open<br>
courseware repositories, the fair use becomes trickier. Media studies<br>
lectures are laregly not included in OpenCourseWare at MIT in part<br>
because they are chock full of clips, images, and sounds that are<br>
still within their copyright term.<br>
<br>
That is a shame but the profs can't simply replace a clip from Fox<br>
News with something else. I believe that the same fair use that<br>
applies in the classroom applies in the repository.<br>
<br>
Unfortunately, not everyone agrees with me yet.<br>
<br>
If educators feel strongly that they have a right to use copyright<br>
materials in their classes, they will be more likely to assert that<br>
right when it comes to freely publishing their learning materials.<br>
<br>
Kevin<br>
<br>
<br>
On Sun, Jan 25, 2009 at 8:55 PM, Greg Grossmeier<br>
<div class="Ih2E3d"><<a href="mailto:greg.grossmeier@gmail.com">greg.grossmeier@gmail.com</a>> wrote:<br>
</div><div><div></div><div class="Wj3C7c">> On Sat, 24 Jan 2009, Gavin Baker wrote:<br>
><br>
>> D Parker Phinney wrote:<br>
>> > [...] Beyond clearing lectures to be<br>
>> > published online as part of OCW, freeing professors' lectures of<br>
>> > copyright-infringing material (and squeezing in some free culture ideals<br>
>> > as well) seems to be a good idea in general.<br>
>><br>
>> Um -- they're using images for educational use, in a classroom,<br>
>> sometimes transformatively or critically. If that's not fair use, I<br>
>> don't know what is. Why is this a bad thing?<br>
><br>
> Encouraging the use of Open Content in a lecture is never a bad idea.<br>
> In fact, encouraging the _creation_ of open content for lectures by<br>
> profs is never a bad idea.<br>
><br>
> Data point: as a part of having his lecture be published by the<br>
> OPEN:Michigan project a Physics prof has begun creating new CC:BY<br>
> images instead of using the images from textbooks as he did before.<br>
> That benefits us all.<br>
><br>
> Also, aren't we about promoting Free Culture in universities?<br>
> Encouraging profs to use Open Content seems like some great promotion<br>
> :)<br>
><br>
><br>
> greg<br>
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