COPYRIGHT AND IMAGE USE: What Alberta Teachers Need to Know

A recent copyright infringement letter received by one of our locals highlights an issue that is becoming increasingly common and enforceable. In this case, a law firm acting for a copyright owner claimed that an image on a local website had been used without permission. The firm sought financial compensation to resolve the matter. The letter referenced potential statutory damages of up to $20,000 under the Copyright Act and offered to settle the matter for a lower amount if the matter were resolved promptly.

These types of letters are not scams. They form part of a legitimate and expanding enforcement system. Copyright owners and their representatives, often collaborating with rights management agencies, now employ automated and artificial intelligence (AI) tools to scan websites and detect unauthorized use of their images. While pursuing full legal action can be expensive, this approach relies on handling many cases with smaller settlements. As a result, these issues should not be overlooked, as they pose real legal and financial risks and can escalate if left unaddressed.

Understanding Copyright in Canada

Under Canada’s Copyright Act, the creator of an original work—including photographs and images—has the exclusive right to reproduce, publish and distribute that work. The fundamental principle is simple: content available online is not free to use unless permission has been granted or a clear exception applies.

Classroom Use versus Public or Commercial Use

For teachers, the main difference is between using such material in the classroom and in public or for commercial purposes.

In the classroom, teachers benefit from “fair dealing” provisions, which permit limited use of copyrighted material for purposes such as education, research, and private study. Practically, a teacher may display or use an image as part of instruction without needing permission, as long as the use is directly related to teaching and not shared beyond that context.

However, fair dealing is limited and specific to its purpose. It does not apply to wider or publicfacing uses.

When a teacher works outside the classroom, such as contributing to a local website, posting materials online, or creating resources for sale, the legal context changes. These activities are considered public and often commercial. In these cases, fair dealing will almost never apply, and permission or proper licensing is required.

Risks most often occur in these situations. Many teachers switch between classroom and organizational roles without fully understanding that the rules for material use differ. An image that is completely suitable for a lesson might lead to legal issues if published on a publicly accessible website.

A Clear Guideline for Practice

Locals and members should operate on a clear and practical assumption:

If an image is being used outside of direct classroom instruction, it should be assumed that permission or a valid licence is required for its use, unless it is explicitly marked as free to use.

Use outside of direct classroom instruction includes but is not limited to

• local or division websites;
• newsletters, reports or publications;
• social media accounts;
• conference or presentation materials shared publicly; and
• resources created for sale or distribution.

In these situations, the safest approach is to use properly licensed images, images obtained through approved subscriptions, or materials explicitly marked as open to use (such as certain Creative Commons resources with proper attribution). Sometimes, it may not be clear who owns the rights to an image. A third party might claim to represent the rights holder and, although they may give “permission for use,” they might not be authorized to do so. It’s always best to have documentation of any approval received.

Why This Matters Now

The enforcement landscape has changed. AI tools now enable copyright owners to quickly and widely identify unauthorized use, even for content that has been online for years. Once an image is publicly available, removing all its copies can be difficult, which increases the likelihood of detection.

This increases the chance that unauthorized use, particularly on websites and public-facing materials, will lead to a demand letter like the one mentioned above.

Practical Takeaway

Teachers can continue to rely on fair dealing for classroom instruction. However, when operating in any public, organizational, or revenue-generating setting, a different standard applies. The most secure and justifiable approach is to assume permission is required unless it is explicitly proven otherwise.

WORTH SHARING

A recent copyright infringement letter to a local highlights that while teachers can use images in their classrooms under fair dealing, these rules do not cover websites, social media, or materials that are shared publicly or sold. Copyright holders are increasingly using AI to detect unauthorized online use of images and to pursue settlements through volume-based enforcement. These claims are legitimate and should not be ignored. 

The main point is that classroom use is considered different from public or commercial use, and any image used outside the classroom should be assumed to require permission or a valid licence. If you or your local office receive a demand letter or other communication related to copyright, it is advisable to contact Teacher Employment Membership Support for assistance at 1-800-232-7208. 

Read the full Worth Knowing.

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