In Episode 150 of The A&P Professor podcast, host Kevin Patton speaks with intellectual property attorney Brenda Ulrich about copyright law and image use in education. They discuss how educators often mistakenly assume they have rights to use textbook images and the complexities of permissions that expire. Brenda highlights the differences in legal standards for physical versus online teaching and emphasizes the importance of understanding licensing agreements and fair use. By the end, listeners gain valuable insights into legally and ethically incorporating multimedia into their anatomy & physiology courses.
0:00:21 | Host: Kevin Patton
0:00:47 | Introducing Brenda
0:03:49 | You Need a License
0:26:12 | Staying Up To Date
0:27:15 | Put Yourself in Their Shoes
0:41:55 | Do You Write?
0:43:54 | I need a handout
1:00:19 | Finding Media
1:02:00 | Can I Put My PowerPoint on YouTube?
1:12:43 | Staying Connected
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If you have integrity, nothing else matters. If you don't have integrity, nothing else matters. (Alan K. Simpson)
Introducing Brenda
3 minutes
Host Kevin Patton introduces guest Brenda Ulrich.
You Need a License
22.5 minutes
In this discussion, Kevin and Brenda address common questions about using textbook images in teaching, focusing on the legalities and fair use of copyrighted materials. Brenda explains that when using images from textbooks, the license agreement with the publisher governs permissible usage. She emphasizes the importance of reviewing license agreements carefully, even for optional or non-adopted materials. Additionally, Brenda highlights the distinction between classroom use and broader sharing, such as online, and advises seeking permissions or using resources like libraries to ensure proper licensing.
Staying Up To Date
1 minute
Taking a brief break, Kevin reminds listeners about his occasionally regular Substack newsletter, The A&P Professor Science & Education Updates.
Put Yourself in Their Shoes
14.5 minutes
In this conversation, Kevin raises a scenario about reusing images from a previously adopted textbook in his new course materials. Brenda explains that continuing to use such content after switching textbooks would exceed the original license's scope, making it unethical and illegal. She advises always seeking permission from the publisher, not the author, for such uses. Brenda also highlights potential legal consequences of copyright infringement, including fines and lawsuits, stressing the importance of being ethical and avoiding copyright violations.
Do You Write?
2 minutes
Briefly stepping away from the conversation, Kevin reminds listeners about the advantages of membership in the Textbook & Academic Authors Association (TAA). Any kind of academic writer, whether textbooks, manuals, lab exercises, dissertations, journal or other articles, reports, or grants, benefit from the resources and networking TAA offers. Listen for a special deal for new members!
I Need a Handout (and a Sandwich)
16.5 minutes
In this conversation, Kevin asks Brenda if creating a handout for students automatically gives him copyright protection. Brenda confirms that any work in a tangible form is copyrighted, whether registered or not. She advises adding a copyright notice and registering valuable works to protect against unauthorized use. They discuss the risks of copyright infringement, including potential legal consequences, and highlight the benefits of using licenses like Creative Commons for sharing work. Brenda also clarifies that reproducing lab exercises without permission is illegal, even if it's common practice in underfunded schools.
Finding Media
1.5 minutes
Yep, another short break. This time, Kevin reminds listeners that The A&P Professor website lists places to find free and legal media to use in teaching anatomy & physiology.
Can I Put My PowerPoint on YouTube?
10.5 minutes
In this segment, Kevin asks if it's permissible to upload PowerPoint presentations with textbook images onto public platforms like YouTube or SlideShare. Brenda explains that such usage would likely exceed the scope of permissions granted for classroom use, and extra permission would be required. She also clarifies that even if the material is uploaded to a closed platform, such as an LMS like Canvas or Blackboard, permission is still typically needed as it extends beyond classroom teaching. They discuss fair use, emphasizing that transformative use, such as critical analysis, may qualify as fair use, but general teaching does not.
Links
Archstone Law Group PC (Brenda's biography posted at her law firm's website) archstonelaw.com/attorneys/brenda-ulrich/
Copyright Clearance Center (mentioned in this episode, this organization will provide permissions to copy protected works) AandP.info/ws3
Creative Commons licenses (provides a variety of licenses that allow various levels of permissions for copyrighted work) AandP.info/bf7
Anatomia Italiana (discover connections between art and anatomy with Kevin Petti) anatomiaitaliana.com/
Visual Anatomy & Physiology (example of a Kevin Petti textbook) geni.us/gHmsF
U.S. Copyright Office (here's where you can register a copyright in the United States) copyright.gov/
Canadian Copyright (where you can register a Canadian copyright) AandP.info/6gy
Australian Copyright Council (where you can register an Australian copyright) copyright.org.au
Textbook & Academic Authors Association (get a great deal on TAA membership) taaonline.net
Haymakers for Hope (help knockout cancer by supporting Brenda's boxing adventure) AandP.info/cpt
Finding Media | Images and More for Teaching Anatomy & Physiology
Suggest a Media Source for Teaching A&P
Using Media in Our A&P Course | Advice From Barbara Waxer | Episode 28
The A&P Professor Science & Education Updates theAPprofessor.org/updates
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Production: Aileen Park (announcer), Andrés Rodriguez (theme composer, recording artist), Karen Turner (Executive Editor), Kevin Patton (writer, editor, producer, host).
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