The Copyright Act's exceptions for educational institutions (section 29.4) allows you to "reproduce a work, or do any other necessary act, in order to display it" in a class for teaching purposes, as long as there is no commercial version available that is appropriate for the use. This exception does not cover the distribution of copies of copyrighted work, in electronic or paper form.
Where is the image from?
An educational exception in the Copyright Act (section 30.04) allow you to reproduce and communicate works available on the Internet for educational purposes to students enrolled in a class (e.g., handing out the work in hardcopy, posting the work on a learning management system), provided that:
Educational exceptions allow for using copyrighted works for display, but not for distribution. For distributing materials you may use copyrighted images if they fall under fair dealing guidelines.
According to Okanagan College's Fair Dealing Guidelines, a short excerpt in relation to images could be:
If you are presenting at a conference that is:
then you can display or distribute materials without permission if your use falls under the Okanagan College Fair Dealing Guidelines or another educational exception in the Canadian Copyright Act.
If the criteria above are not met, then using copyright-protected materials in a conference presentation, or sharing reports etc. that will be used outside of your educational setting, is not generally covered by educational exceptions in the Copyright Act. A fair dealing analysis can be done to assess whether certain copying and use of material at a conference would be permissible.
If your intended use of the materials does not fall under an exception or an existing licence, you can seek permission from the copyright holder or search for alternatives to copyright, such as images with Creative Commons licenses.
This section was adapted from the USask Authors and Creators: Conferences page which is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence
Many online image collections have ways to limit to Creative Commons license, or other open licenses.
Information obtained from or through this site does not constitute legal advice, but is provided as guidelines for using works for educational purposes.
The Copyright at Okanagan College website is licensed under a Creative Commons Attribution-NonCommercial ShareAlike 4.0 International License.
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