164 · Representative Documents: Copyright and Use Rights Policies
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Using Images: Copyright &Fair Use
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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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