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Is using a copyrighted image for educational purposes still considered copyright infringement?

Educational use of copyrighted images may be considered fair use, a legal doctrine that permits limited use of copyrighted material without obtaining permission from the copyright owner.

Fair use depends on four factors: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the market for the original work.

The Classroom Exception in US copyright law allows for the performance or display of copyrighted works in a face-to-face classroom setting for educational purposes.

The TEACH Act expands the Classroom Exception to allow for the use of copyrighted materials in online distance education.

Nonprofit educational use is more likely to be considered fair use than commercial use.

The use of factual, published material is more likely to be considered fair use than the use of creative, unpublished material.

The amount and substantiality of the portion used is a important factor in determining fair use.

Using smaller portions of a work is more likely to be considered fair use than using larger portions.

The effect of the use on the market for the original work is also considered in determining fair use.

Using copyrighted material in a way that harms the market for the original work is less likely to be considered fair use.

There are no specific number of words, musical notes, or percentage of a work that can be used without obtaining permission.

Each case is determined on a case-by-case basis.

The use of images as illustrations related to a class or for studying concepts outside of the course context is generally considered fair use.

The University of Minnesota's "Educational Use of Images" guidelines recommend showing things to students from physical media in in-person classes as it is covered under the fair use doctrine.

The Conference on Fair Use (CONFU) guidelines, though not legally binding, are still widely used as a framework for thinking about fair use in education.

The Fair Use Doctrine of the US Copyright statute permits the use of limited portions of a work, including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports.

The University of Chicago's "Educational Guidelines" recommend using published sources, avoiding copying and distributing "creative material", and obtaining permission when in doubt.

The more transformative the use of the copyrighted material, the more likely it is to be considered fair use.

Parodies and satires are more likely to be considered fair use than straight reproductions of copyrighted material.

A court's interpretation of fair use is subjective and fact-specific, making it difficult to predict with certainty whether a particular use is fair use.

The safest way to use copyrighted material is to obtain permission from the copyright owner, but this is not always necessary or practical.

Educators are advised to be aware of copyright law and to use their judgment when deciding whether a use is fair use.

The fair use doctrine is a complex and evolving area of law, and it is important for educators to stay informed about changes and developments in copyright law.

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