Art Changes Everything

May students use copyrighted materials in their collages?

By Carrie Russell -- School Library Journal, 9/1/2004

Is it OK for a student to download Internet images and photocopy photos from books and magazines to use in a collage project? What guidance should a conscientious librarian offer her?
—Pamela Olson, library student, Cambridge College, Cambridge, MA

To create a work of art, or any other creative expression, one cannot help but rely on previously published, copyrighted works. To create a collage, it may be necessary to use portions of other artwork, yet the new collage is still an original work onto itself. The purpose of the copyright law, in fact, is to ensure the broad dissemination of creative works so the public can access them, learn from them, and use them to create new and original expressions. Furthermore, since this particular work is created as part of an educational experience, a fair-use argument is additionally compelling.

Of course, it may be difficult for students to understand that sometimes copying is OK and sometimes it's an infringement. Nonetheless, I think that teachers and librarians should team up to discuss copyright issues with their students, perhaps at the beginning of the academic year. If you decide to do that, I suggest emphasizing the following points: the purpose of the copyright law is to encourage the creation of new works to benefit the public. The law grants creators an incentive to create by affording them a "limited monopoly." Copyright holders have the sole right to market their works; therefore, only copyright holders can make reproductions of their works to distribute and sell.

The law also includes rights for users of copyrighted works. The public can use them in many ways and, in some instances, especially for educational purposes, individuals can make copies (or exercise another right of the copyright holder). During the school year, I would suggest reiterating some of this information, especially before students' assignments are due. Considering the specific case at hand, you might want to remind students that collage is an art form that relies on the copying of other works, and that this type of copying may not be appropriate in other contexts.

I would welcome other questions or comments from readers who are interested in teaching students about copyright. I'll address your concerns in future columns.

Our district's broadcast-communications department is thinking of launching a program that would feature our superintendent reading children's books. The show would appear on a local public-access cable channel. Do we need permission to present an entire book on air? Also, is it necessary to seek permission from the authors and illustrators of the books?
—Mary Mayer, director, Department of Library/Media Services, Akron (OH) Public Schools

Storytime is generally recognized as a fair use. When it moves out of a library or another educational setting, it's harder to make a convincing case that it's still a fair use. Why? When storytime is broadcast on cable TV, everyone has access to the performance, and it's copied to video or some other electronic format before being broadcast. On the other hand, when storytime takes place in a school or library setting, the performance takes place before a limited audience. The performance is live and, therefore, it's staged only once. And finally, it's easier to consider a performance "educational" if it occurs within an educational institution rather that outside one.

I would argue that even when one considers all of these factors, storytime on a public-access channel is fair and not an infringement of copyright. The performance is still educational (it promotes reading), and there is little or no negative impact on the works' markets. These two factors seem to outweigh the other considerations used in determining fair use—the nature of the publication and the amount of the work being used. Although I tend to think this case is a fair use, you and your administrators need to make the final decision. I suspect that if you asked publishers, authors, illustrators, and other copyright holders for permission to read their books, they'd welcome the publicity and have no problem with the show appearing on public-access cable—but I could be wrong.