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

Kandiuk, Mary; Lupton, Aaron; Davidson, Catherine

SPEC Kit 335: Digital Image Collections and Services · 175
Privacy and Publicity Policies

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176 · Representative Documents: Privacy and Publicity Policies
NATIONAL LIBRARY OF MEDICINE
Patron Guide to Copyright and Historical Materials: Privacy and Publicity Rights
http://www.nlm.nih.gov/hmd/copyright/privacyrights.html
Privacy and Publicity Rights
http://www.nlm.nih.gov/hmd/copyright/privacyrights.html[8/7/13 7:37:24 PM]
The World's Largest Medical Library
U.S. National Library of Medicine
National Institutes of Health
Contact NLM
History of Medicine History Home |About Us |Visit Us |Contact Us |Copyright |HMD Site Map
Home History Home Copyright Guidance Home Privacy and Public Rights
Copyright, Privacy, Accessibility, Site Map, Viewers and Players
U.S. National Library of Medicine, 8600 Rockville Pike, Bethesda, MD 20894
National Institutes of Health, Health &Human Services
Freedom of Information Act, Contact Us
Last reviewed: 27 January 2012
Last updated: 23 July 2013
First published: 10 June 2008
Metadata| Permanence level: Permanence Not Guaranteed
Privacy and Publicity Rights
Privacy and publicity rights are separate and distinct issues from copyright. Patrons wanting to use materials from the Library's collections
or website are responsible for determining whether privacy and publicity rights need to be addressed, the nature of the item, and
considering how it will be used.
While copyright laws protect the copyright owner's property rights in the work, privacy and publicity rights protect the interests of the
people who are the subject of the work. Issues pertaining to privacy and publicity may arise when a patron contemplates the use of
letters, oral histories, diary entries, photographs, or reportage in visual, audio, and print formats in the Library collections. Because two or
more people are often involved in the work (e.g., photographer and subject, interviewer and interviewee) and because of the ease with
which various digital media can be reused, photographs, audio files, and motion pictures represent materials in which privacy and publicity
issues emerge with some frequency.
The distinctions among privacy rights, publicity rights, and copyright are best illustrated by example: An advertiser wishes to use a
photograph for a print advertisement. The advertiser approaches the photographer, who owns the copyright to the photograph, and
negotiates a license to use the photograph. The advertiser is also required to determine the relationship between the photographer and
the subject of the photograph. A formal relationship, usually a release form signed by the subject, will permit the photographer to license
the use of the photograph for all uses. If no formal relationship exists that permits the photographer to license the use of the photograph
for all uses, then the advertiser must seek permission from the subject of the photograph because the subject has retained both privacy
and publicity rights in the use of their likeness. The publicity right of the subject means that a person's image may not be commercially
exploited without consent and possibly compensation.
While copyright is federally protected under the United States Copyright Act, with statutorily described fair use defenses against charges of
copyright infringement, neither privacy nor publicity rights are subject to federal law. However, they are subject to state laws what may
be permitted in one state may not be permitted in another. Although fair use is a defense to copyright infringement, it is not a defense to
claims of violation of privacy or publicity rights. Causes of action related to privacy and publicity may also be pursued under the federal
Lanham Act, 15 U.S.C. § 1125 (a), e.g., unauthorized uses of a person's identity in order to create a false endorsement.
While a person's right to privacy generally ends with individual's death, publicity rights associated with the commercial value of an
individual's name, image, or voice may continue. For example, many estates or representatives of famous authors, musicians, actors,
photographers, politicians, sports figures, celebrities, and other public figures continue to control and license use of those figures' names,
likenesses, etc.
Although the risks of using an image for comment or criticism or other non-commercial use may be less than for use in advertising or
other commercial purposes, the risk can still be high if the person depicted is held up to ridicule or presented in a libelous manner. While it
is true that famous or public figures who seek recognition have thereby surrendered some privacy, they may retain the right to control the
commercial use of their image (likeness, voice, signature, etc.). This principle recognizes that a celebrity's image can be an asset in trade.
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SPEC Kit 335: Digital Image Collections and Services (August 2013) resources

174 · Representative Documents: Copyright and Use Rights Policies
YALE UNIVERSITY
Copyright &Citation Help
http://guides.library.yale.edu/content.php?pid=47735&sid=354470
Georgia O'Keefe, The Cliff Chimneys, 1938, Milwaukee Art Museum.
Ann Rosener, "Don't let pretty labels on cans mislead you," 1942. Photograph, Washington D.C., Library of
Congress, Prints and Photographs Division, FSA – OWI Collection, http://hdl.loc.gov/loc.pnp/fsa.8e10753.
APA (American Psychological Association) Style
Publication manual of the American Psychological Association is available in print at the YUL Libraries.
MLA (Modern Language Association of America) Style
Using the Principles of MLA Style to Cite and Document (Online) Sources
A summary of MLA style as applied to online sources -from the companion website to Online!: A Reference
Guide to Using Internet Sources. Click here for clear information about citing multimedia sources including
works of art in a MLA list of Works Cited.
MLA handbook for writers of research papers is available in print at the YUL Libraries.
*Provided by Ian McDermott, formerly Assistant Librarian at the Yale Center for British Art
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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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SPEC Kit 335: Digital Image Collections and Services (August 2013) resources