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Is it illegal to use copyrighted images in school projects and if so, what are the potential consequences?

The concept of "fair use" in copyright law is intentionally vague, and its interpretation is often left to the discretion of judges and courts.

Section 107 of the Copyright Act of 1986 doesn't explicitly define fair use, but rather provides a list of factors to consider when determining whether a use is fair.

The "fair use" doctrine is not unique to the United States; many countries have similar provisions in their copyright laws.

Using copyrighted images in a school project may be considered fair use if it's for a transformative purpose, such as critique, parody, or education.

The original intention behind fair use was to facilitate commentary, criticism, and education, not to undermine the rights of copyright holders.

Courts often consider the "purpose and character" of the use when determining whether it's fair; educational purposes are generally considered more acceptable than commercial ones.

The 1961 Report of the Register of Copyrights, which laid the groundwork for the 1976 Copyright Act, explicitly mentioned education as a key area where fair use should be allowed.

The "four factors" test, often used to determine fair use, is not a strict formula, and courts have discretion to weigh each factor differently.

In the United States, the Copyright Act of 1976 established that copyright protection begins as soon as a work is fixed in a tangible form, making it difficult to determine the copyright status of older works.

There is no universal copyright symbol or marking that indicates whether an image is copyrighted or not.

Public Domain images, often used in educational settings, are not necessarily free from copyright; rather, their copyright has expired or was never applicable.

Creative Commons licenses, used to release works under more permissive terms, have become increasingly popular, especially among educators and open-source advocates.

Even if an image is licensed under Creative Commons, it's essential to understand the specific terms and conditions of the license, as they can vary greatly.

Unauthorized use of copyrighted materials can lead to legal liability, including statutory damages, even if the infringer didn't intentionally violate the copyright.

The Digital Millennium Copyright Act (DMCA) of 1998 criminalized the circumvention of digital rights management systems, further complicating the landscape of copyright law.

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