Question 1(b)

You want to reproduce a Charlie Parker image for classroom (and VLE) teaching and for open website use to advertise the curriculum for your University (if you remember one of the video sequences alerted the user to the possibility of content being placed outside the VLE and into a website that could be accessed by anyone). The image you have was taken from Alma Hales’s website, which contains the following terms and conditions of use:

Our educational policy is as follows

Students may download and use our images in their own work. A credit to © Alma Hales is required.
An individual teacher may make use of our images in the course of non-commercial instruction . A credit is required as follows: © Alma Hales 2007

Can you reproduce the Charlie Parker image both for teaching and for the University’s open website?

	Yes:	The terms and conditions of use confirm that it’s OK to reproduce the image for non-commercial instructional purposes. My teaching use falls within clause (2) above and the use on the open website is educational.
Incorrect Answer : It would be fine to reproduce the image in the VLE for teaching purposes. It’s outside the scope of the above terms and conditions to use the image to promote the course (and along with that the institution). Many websites contain explicit licences stating how the work can be used. It’s worth noting when dealing with photographs in general, there might also be copyright in the contents of the photographs – eg photo of artwork which creates layers of copyright, each requiring clearance, possibly.
	Yes:	I’m using the image for educational, purposes so there are no copyright restrictions anyway.
Incorrect Answer : Uses permitted for educational purposes is not as widespread as many people think. This is covered in sections 32 – 36 of the Act. The photograph in question would have to be copied in order for the image to be used. See also Educational copying.
	No:	The terms and conditions of use confirm that it’s OK to reproduce the image for non-commercial instructional purposes. I’m using them in the VLE which falls within clause (2) above. However, it is outside the scope of the above terms and conditions to use the image to advertise the course (and along with that the Institution).
Correct answer. In using the Alma Hales website you would have agreed to the Terms and Conditions of Use. Therefore, unless otherwise stated, the uses for the Charlie Parker image are as stated and no further use would be permitted without permission. Note: Many agreements (Terms and Conditions) unless otherwise stated supercede any provisions in the Act. See also Categories of works and periods of protection. Note : If you have not read any of the other answer(s), it would be a good idea(recommended) to do so when you have more time as the other answers provide more information and will help build up or extend your overall copyright knowledge.

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Correct Answer

The correct answer is No – in using the Alma Hales website you would have agreed to the Terms and Conditions of Use. Therefore, unless otherwise stated, the uses for the Charlie Parker image are as stated and no further use would be permitted without permission. Note: Many agreements (Terms and Conditions) unless otherwise stated supercede any provisions in the Act. See also Categories of works and periods of protection.

Note : If you have not read any of the other answer(s), it would be a good idea(recommended) to do so when you have more time as the other answers provide more information and will help build up or extend your overall copyright knowledge.

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Exercise 2

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Question 1(b)

Correct Answer