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BizIPEsq.
BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience:  I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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Can a workbook for reading instruction be created using images

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Can a workbook for reading instruction be created using images from the Internet, without permission? These images will be shrunk down to thumbnail size, and changed from a realistic photo to a cartoon look with backgrounds removed (colors may also be altered). They would be used to help a child identify sounds that the pictures contain. The workbooks will be used in schools and private homes.

BizIPEsq. :

Hello, I will be assisting you.

BizIPEsq. :

Unfortunately the answer is no. First, the underlying rule (law) is that one cannot use images without a license (permission) from the copyright holder. Second, changing copyrighted material is called 'derivative' work. Generally speaking, only the copyright holder has the right to create derivative work from the copyrighted material. Even though under certain circumstances a derivative work can be considered transformative and thus would qualify for its own copyright protection, I don't believe the use of the photos as you are proposing would be transformative. Third, under the doctrine of fair-use one can use copyrighted work without permission but only for uses that would be beneficial to society and considering how much of the copyrighted work is used, whether the use is for commercial or non commercial reason, the effect on the potential market.

BizIPEsq. :

I don't believe your use would qualify as fair use even though is it used in schools.

BizIPEsq. :

But, here's what you can do:

BizIPEsq. :

1) use images that are royalty free or with a creative commons license (make sure to comply with the license). As an example, you can search for images with creative common license.

BizIPEsq. :

2) purchase stock images from stock photography sites such as istockphoto.com or shutterstock.com

BizIPEsq. :

in conclusion, you cannot use photos you find online without the permission of the copyright holder as it would constitute copyright infringement and may get you in significant legal problems. The best way is to use stock photos, creative commons photos or royalty free images.

BizIPEsq. :

Thank you for allowing me to assist you. Please rate my answer. Without your positive rating I do not get compensated for my work.

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