Who is your audience?

About using images in training and presentations.

The NHS Copyright First Responders’ guide to using copyright materials in presentations and training
including tips on finding and using free images.

Prepared by Ian Rennie, Knowledge, Library and Information Manager, Cambridgeshire and Peterborough NHS Foundation Trust, on behalf of the NHS Copyright First Responders.  September 2021.

Introduction

The use multimedia in presentations and training is now the norm and the amount of freely available web content continues to grow. It is increasingly important – and can seem increasingly difficult – to know whether and how copyright materials (whether text, diagrams, images, videos or sound recordings) may be incorporated in presentations and teaching. Of course, just because content is freely available does not mean it is free to use.

This guide is for NHS library staff who may often receive queries on this topic from their NHS customers and colleagues. It considers how what you may use depends on your audience, and how you can find great free-to-use images online.

Images generated by artificial Intelligence (AI)

In the UK AI images are all copyrighted. Copyright must be held by humans and not a machine.  Most AI systems will state the copyright ownership and usage rights.  The Intellectual Property Office is currently working on a code of practice for the use of AI.  It complicated as the AI is trained on third party data sets.  The accuracy and ethics of the images should be considered when using AI generated images.

Who is your audience?

Your ability to use copyright materials in face-to-face or virtual presentations or training largely depends on your audience.

NHS staff

If your presentation or training is viewable only by individuals and groups covered by the CLA Licence for the NHS in England, then you may use the following:

• Materials from publications that the NHS owns or subscribes to which are covered by the NHS CLA Licence. This includes most items with ISBNs or ISSNs. If in doubt use the permissions checker at https://www.cla.co.uk/nhs-england-licence (select ‘public sector’).
• Materials purchased or licenced from a publisher or copyright holder who has given their permission in the usage licence (check the small print) or otherwise in writing. Note that obtaining written permission may incur a fee
• Materials which have been deliberately placed in the public domain or released under a Creative Commons licence or the Open Government Licence (see below for more details)
• Very smallexcerpts from other copyright works where the purpose of including it in your presentation or training is for the “fair dealing” purpose of criticism or review
• Original materials you have created

In all cases:

• You should always acknowledge the source of all copyright materials you use
• Presentations containing copyright materials may not be placed on the internet, however it is acceptable for them to be on a passworded or IP-locked Intranet site
• Copyright materials included in presentations or training may not be altered, unless for making into accessible format for print disabled, or where a Creative Commons licence specifically permits this

A paying audience

If your presentation or training will generate income, then it is commercial. Neither the CLA Licence nor the principle of “fair dealing” allow use of copyright materials for commercial purposes. This means that you may only use the following:

• Materials purchased or licenced from a publisher or copyright holder who has given their permission for their use for commercial purposes, either in the usage licence or otherwise in writing. Obtaining written permission may incur a fee.
• Materials placed in the public domain or released under one of the types of Creative Commons licence which covers commercial usage, or the Open Government Licence.
• Original materials you have created.

Open to the public

If your training or presentation will be viewable without restriction (e.g. at an event which is open for anyone to attend or via a video made available on the open Internet), then neither the CLA Licence nor the principle of “fair dealing” apply. You may only use the following:

• Materials purchased or licenced from a publisher or copyright holder who has given their permission for their use for public display, either in the usage licence or otherwise in writing. Obtaining written permission may incur a fee.
• Materials placed in the public domain, or released under a Creative Commons licence, or the Open Government Licence, subject to the terms of those licences.
• Original materials you have created.