Digital Image Collections and Services, SPEC Kit 335 (August 2013)

Kandiuk, Mary; Lupton, Aaron; Davidson, Catherine

SPEC Kit 335: Digital Image Collections and Services · 163
LIBRARY OF CONGRESS
Copyright and Other Restrictions That Apply to Publication/Distribution of Images
http://www.loc.gov/rr/print/195_copr.html
The Library of Congress Researchers
Home Copyright and Other Restrictions... Find in Rights &Restrictions Pages
Copyright and Other Restrictions That Apply to
Publication/Distribution of Images:
Assessing the Risk of Using a P&P Image
This document provides guidance on some of our most frequently asked questions about rights to
images in Prints &Photographs Division (P&P) collections:
1. Can I use an image that I've found in P&P's collections? (This discussion includes information
on how long copyrights last)
2. This all seems complicated when all I need is for you to sign a form giving me permission!
3. If it displays for me off-site (searching from somewhere other than a Library of Congress
workstation), does it mean it's ok to use?
4. How should I credit the Library as the source of the images I'm using?
5. What's the worst that might happen if I decide to publish an image whose rights status is
uncertain?
The information below applies to use of material in the United States. Use outside the U.S. is
governed by the laws of the country in which the material is being used.
1. Can I use an image that I've found in the P&P collections?
The answer to this question involves considering other questions:
What do you know about the rights associated with the image? [more about this]
and
a.
How do you plan to use the image? (For instance, if your use falls under the "fair use" clause in the
copyright law, copyright will be less of an issue, though you will need to pay attention to any donor
restrictions) [more about this]
b.
Sometimes the answer is very clear. Other times the answer isn't clear at all.
In all cases, it is the researcher's obligation to determine and satisfy copyright or other use restrictions
when publishing or otherwise distributing materials found in the Library's collections.
1a. What do you know about the rights associated with the image?
When the Prints &Photographs Division has information about the rights associated with an image or a
collection of images, it conveys that information to researchers through catalog records and/or rights
statements.
Can you find:
An associated catalog record (text giving data about the specific image) in the Prints &
Photographs Online Catalog? [more about catalog records]
A rights and restrictions statement giving information about rights? [more about rights and restrictions
statements]
If no catalog record data or rights statement is available, you will need to find the rights information related
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SPEC Kit 335: Digital Image Collections and Services · 163
LIBRARY OF CONGRESS
Copyright and Other Restrictions That Apply to Publication/Distribution of Images
http://www.loc.gov/rr/print/195_copr.html
The Library of Congress Researchers
Home Copyright and Other Restrictions... Find in Rights &Restrictions Pages
Copyright and Other Restrictions That Apply to
Publication/Distribution of Images:
Assessing the Risk of Using a P&P Image
This document provides guidance on some of our most frequently asked questions about rights to
images in Prints &Photographs Division (P&P) collections:
1. Can I use an image that I've found in P&P's collections? (This discussion includes information
on how long copyrights last)
2. This all seems complicated when all I need is for you to sign a form giving me permission!
3. If it displays for me off-site (searching from somewhere other than a Library of Congress
workstation), does it mean it's ok to use?
4. How should I credit the Library as the source of the images I'm using?
5. What's the worst that might happen if I decide to publish an image whose rights status is
uncertain?
The information below applies to use of material in the United States. Use outside the U.S. is
governed by the laws of the country in which the material is being used.
1. Can I use an image that I've found in the P&P collections?
The answer to this question involves considering other questions:
What do you know about the rights associated with the image? [more about this]
and
a.
How do you plan to use the image? (For instance, if your use falls under the "fair use" clause in the
copyright law, copyright will be less of an issue, though you will need to pay attention to any donor
restrictions) [more about this]
b.
Sometimes the answer is very clear. Other times the answer isn't clear at all.
In all cases, it is the researcher's obligation to determine and satisfy copyright or other use restrictions
when publishing or otherwise distributing materials found in the Library's collections.
1a. What do you know about the rights associated with the image?
When the Prints &Photographs Division has information about the rights associated with an image or a
collection of images, it conveys that information to researchers through catalog records and/or rights
statements.
Can you find:
An associated catalog record (text giving data about the specific image) in the Prints &
Photographs Online Catalog? [more about catalog records]
A rights and restrictions statement giving information about rights? [more about rights and restrictions
statements]
If no catalog record data or rights statement is available, you will need to find the rights information related
8/7/13 7:27 PM

Help

164 · Representative Documents: Copyright and Use Rights Policies
MASSACHUSETTS INSTITUTE OF TECHNOLOGY
Using Images: Copyright &Fair Use
http://libguides.mit.edu/usingimages
Admin Sign In
Using Images Identifying Images For Reuse
Fair Use Explained
What is Fair Use?
Fair use provisions of U.S. copyright law allow use of
copyrighted materials on a limited basis for specific
purposes without the permission of the copyright holder.
Is my use fair? --The four factor test:
FACTOR WEIGHING TOWARDS
FAIR USE
Purpose
of use
Nonprofit, educational,
scholarly or research use
Transformative use:
repurposing,
recontextualizing, creating a
new purpose or meaning
Nature or
type of
work
Published, fact-based content
Amount
Used
Using only the amount
needed for a given purpose
Using small or less significant
amounts
Market
Effect
If there would be no effect, or
it is not possible to obtain
permission to use the work
It is necessary to weigh all four factors to decide whether
a fair use exemption seems to apply to a proposed reuse.
Courts take a holistic approach --they do not simply add
up a positive or negative for each factor.
Judges have tended to focus on two questions that
collapse the four factors:
Does the use transform the material, by using it
for a different purpose?
Was the amount taken appropriate to the new
purpose?
To help support a fair use case for an image:
Use lower resolution or thumbnail versions where
possible
Place the image in a new context or use it for a
new purpose and
Use only the parts of the image needed for the
purpose
In addition to fair use, consider Using images that are
openly available for reuse
Why Copyright and Citation Matter
Properly citing sources protects against
plagiarism.
Plagiarism is using someone else's work without
giving them credit. This is a form of academic
dishonesty that is considered a serious offense
and is handled by university processes.
Properly citing a work is essential in an
academic community but does not protect
against copyright infringement.
Following fair use principles protects against
copyright infringement.
Copyright infringement can occur when using
someone else's copyrighted work without
permission or without a solid fair use case, and
is a legal matter handled by the courts.
To make a fair use assessment:
Review the four factor test
Watch the Fair Use Overview
Consult the Codes of Best Practice in Fair Use
Special Considerations for Images
Photographs of people may involve rights of privacy or
publicity, state and/or federal laws which limit the use
of a person's likeness. Consider:
Using photographs of people taken in larger
public scenes
Avoiding photographs of famous people, or
people engaging in private activities
Being aware that Publicity rights limit
commercial uses
Photographs of works of art may involve the rights of
the work's creator/copyright holder. Consider:
Using photographs of 2-D public domain works
--these are usually not protected by copyright
Buildings designed after Dec. 1, 1990 are copyrighted.
Consider:
Using photographs taken from a public place
Ask the expert
Need help with copyright
questions?
Email copyright-lib@mit.edu
Fair Use Overview
Using Images: Copyright &Fair Use
Using Images Print Page
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8/7/13 7:28 PM

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162 · Representative Documents: Copyright and Use Rights Policies
INDIANA UNIVERSITY BLOOMINGTON
Using Images
http://www.libraries.iub.edu/index.php?pageId=8928
Using Images
http://www.libraries.iub.edu/index.php?pageId=8928[8/7/13 7:26:43 PM]
Libraries » Copyright » Using Images
Using Images
Using images presents additional challenges because they often do not have any identifying information printed on them to help
identify who owns the copyright of the item. Permission to use an image is most likely still needed, regardless of how difficult it is to
find the owner. There are some sources to help find the copyright owner, or there are alternative sources of images that may be
useful.
Using Images in Teaching
You may be able to use the images by relying on one of the statutory limitations within copyright law such as fair use or section 110
(1) which covers face to face teaching. If your use does not fall within one of these, you may need to obtain permission.
Using Images in Publications
This is actually the most frequently asked question at the library regarding copyright. If you want to use an image in a publication, you
need to go through the same steps as using any other material. So, you first need to determine whether the material is still covered by
copyright protections, whether your use is a fair use, or whether you need to obtain permission from the owner.
Finding A Copyright Owner
This is hard! If the image is not well known, it may be difficult to find the copyright owner. There are a few databases that may be of
use though:
Google Image Search A Google search may reveal who the artist is, if you don't already know. If you use the advanced search
features of an image search, you can filter by usage rights.
ARTStore A digital image library of over 1,000,000 images in the areas of art, architecture, the humanities, and social sciences.
Artist Rights Registry Once you determine who the artist is, you can check here to see if they are represented and licensing can be
determined.
The Digital Image Rights Computator is a database that walks through a decision tree regarding the use of image. You need to know
the copyright status of the image already though for best results.
Alternative Sources of Images
Kenneth Crews at Columbia University has compiled and excellent list of places to look for images that are in the public domain, or
that have licenses attached that support noncommercial uses.
Connect with us online
Contact Information
Copyright Home
Copyright Basics
Copyright for Authors
Copyright for Instructors
Obtaining Permissions
Using Images
» Using Images from the IU
Libraries
Copyright Links
Contact: Sherri Michaels
Phone: 812-855-9294
Email shmichae
» View Map of IUB Libraries
last updated: 11/10/2011
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Page 11Survey Results click to expand contents

Page 65Representative Documents click to expand contents

Page 67Digital Image Collections click to expand contents

Page 87Shared Digital Image Collections click to expand contents

Page 95Digital Image Service Points click to expand contents

Page 109Digital Image Finding Aids click to expand contents

Page 117Instruction/Training Materials click to expand contents

Page 127Promoting Digital Collections click to expand contents

Page 135Collection/Selection Policies click to expand contents

Page 149Copyright and Use Rights Policies click to expand contents

Page 175Privacy and Publicity Policies click to expand contents

Page 177Managing Digital Assets click to expand contents

Page 191Selected Resources click to expand contents

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