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Copyright Nuts & Boltsfor Using Images
Meredith KahnKristina Eden
Faculty Exploratory5 Nov 2012
Who we are...
Kristina [email protected] ManagerMPublishing, Copyright Office
Meredith [email protected] Services & Outreach LibrarianMPublishing, University Library
Image: State Library of New South Wales, "Library Confusion," available without © restrictions from the Flickr Commons.
What do YOU want to learn?
What images can be used on a University website without getting approval?
How do I give credit?
Where can I get non-copyrighted photos for teaching?
What repositories are good for finding CC-licensed photos?
Can I crop or change a photo if using it under "fair use"?
What is the relationship between who owns the rights to a photograph and the custodian of an image (i.e. museum)? Who do
I ask for permission?
Game plan for today...
Basic copyright infoInexpensive image resourcesGiving attribution for images
Steps in the permission processWhere to go for help
Disclaimer
The content of this presentation and our session today should not be considered legal advice.
If you have specific legal questions, please consult an attorney with knowledge of
copyright law.
Important Definitions
Permission:
Copyright permission: Granted by the rights holder. Typically necessary if the work is protected by ©.
Use/Access permission: Granted by the institution or person physically in possession of the work. Often demanded even for public domain works. :(
Publishing:
The distribution, sale, lease, lending, performance, or public display of a work. NB: Performance or public display of a work does not always constitute publication.
Copyright:
A limited set of rights granted to creators of "original works."
Fair Use:
Outlined in Section 107 of © law. A limitation that allows reproduction without permission for uses such as criticism, commentary, reporting, research, teaching, and scholarship.
Important Definitions, continued...
Plagiarism:
Using the work of another without attribution.
Copyright Infringement:
The distribution, reproduction, performance, or display of a copyrighted work without the permission of the rights holder.
Public Domain:
Items that are no longer under © or are ineligible for © protection. Can be used without permission.
Educational Use:
Reproduction or distribution of material in the context of face-to-face or distance education. When appropriate circumstances are met, permission is not required. Governed by the TEACH Act (2002).
Creative Commons:
Licenses which govern the use of material protected by ©.
What is the purpose of copyright?
United States Constitution, Article I, Section 8
The Congress shall have Power…To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
Federal law embodied in Title 17 of the United States Code
What can & can't be protected by ©?
YES• "original works of authorship"• creativity (not much required)• fixed in a tangible form of expression• works of photography, literature, music, drama, art, film,
sound, architecture
NO• ideas, discoveries, methods, processes• titles, names, phrases, slogans, listings of contents or
ingredients• information that is common knowledge; collections of facts• a 'slavish' copy of something in the public domain
Relevant Examples of Material Not Protected by Copyright
• charts, graphs, & tables
• data & facts
• medical imaging
• government publications (federal)
• material published in the US prior to 1923
• buildings constructed before 12/01/1990
Remember: © isn't the only concern when using visual materials!
Public domain chart
Copyright Term and the Public Domain in the United States
by Peter Hirtle at Cornell Copyright Information Center
http://copyright.cornell.edu/resources/publicdomain.cfm
• This is a chart to help you determine what U.S. works are public domain or in copyright
Communicators' Forum: Guidelineshttp://vpcomm.umich.edu/forum/guidelines.php#property
How to mark your product ©2012 Regents of the University of Michigan
Logos and registered marks of the University
University sealsUniversity colorsConsent to photograph or record
electronicallyhttp://vpcomm.umich.edu/forum/docs/UMConsent.pdf
photography.umich.edu
Create an account to find & download high-quality images of UM places, people, & events.
Fair Use - in a really small nutshell
4 factor test• The nature of the work (factual, creative)
• The purpose of the use (educational, for-profit)
• Amount of the work being used (a little or a lot – and what part eg last page of a mystery?)
• The potential impact of the use on the market for the original.
Enumerated fair uses
• Criticism
• Comment
• News reporting
• Teaching
• Scholarship
• Research
Image: screenshot of Susan Polger Chess Daily News and Information; accessed on Nov 1, 2012
Balancing test
NATURE of the work
PURPOSE
AMOUNT
EFFECT ON MARKET
When can I NOT claim fair use?
• If your publisher tells you no.
• If you've analyzed the four factors and concluded that your use probably isn't a "fair use."
Remember: Fair Use is always a case-by-case decision.
Let's do this EASIER and CHEAPER!
Where can I find images?
Free
• Public domain
• Creative Commons (if you meet the terms)
• MLibrary Image Collections from DLPS
• sometimes just ask for permission
Low cost
• Stock photos
• some sites require a free registrationFor more information on searching for images or database resources:
http://www.jiscdigitalmedia.ac.uk/crossmedia/advice/finding-video-audio-and-images-online/
Best places to start
Flickr Creative Commons:
http://www.flickr.com/creativecommons
Image: screenshot of Flickr Creative Commons page on October 30, 2012
Wikimedia Commons
Wikimedia Commons
http://commons.wikimedia.org/wiki/Main_Page
Image: screenshot of Wikimedia Commons on October 30, 2012
MLibrary Image Collectionshttp://quod.lib.umich.edu/cgi/i/image/image-idx
When using these digital images, it's your responsibility to observe the rights of the copyright holders and license restrictions. Contact us if you have if you have questions about your rights to use them. What are your rights?
• You may download or copy an image for a class paper.
• You may download or copy an image for a class/seminar/conference presentation.
• You may link to an image from your webpage or course page, but remember that non-UMich users will not be able to access the image.
• You may NOT download or copy an image to put on your (or any other) website.
• You may NOT download or copy an image for any other type of publishing, without gaining permission from the copyright holder.
for example:
History of Art Department, Visual Resource Collections
How do I give attribution?
Orange Mood by Pensiero, on Flickr
• credit the author (If they have a preferred format, respect their wishes.)
• title of the work
• the URL for the work if applicable
• copyright notice or license information
is this good enough: what's missing?
Image attribution: "hotdog" by PatriciaEGreen2 http://www.morguefile.com/archive/display/181929
"no known copyright restrictions"
• not necessarily in the public domain
• many institutions put images online even though copyright status is not 100% certain
"With respect to this collection, we are unable to identify a possible rightsholder and have elected to place these items online as an exercise of fair use for strictly non-commercial, educational uses."
Chinese Papercuts collection, accessed through UM Library Image Collections, http://quod.lib.umich.edu/c/ccs1iccopyright unknown
How do I format my citations?
Den lille Havfrue. Photo by Sven Turck (1897-1954), Royal Library Denmark on Flickr Commons. No known copyright restrictions.
Be consistent.
Include as much info as you can find, including the creator and any licensing terms you are aware of.
OpenAttribute - browser add-on
http://openattribute.com/
This add-on in your browser generates attribution text for Creative Commons Flickr images which you can cut and paste.
Fall Colors of San Jose [CAL-2012-31] (http://www.flickr.com/photos/joedsilva/5253239337/) / Joseph Dsilva (http://www.flickr.com/photos/joedsilva/) / CC BY-NC-SA 2.0 (http://creativecommons.org/licenses/by-nc-sa/2.0/)
Fair Use - © all rights reserved
You may use a photo that is ©All Rights Reserved if you put it to the fair use test and find it likely to be a fair use.
Four factor test1. The nature of the work (factual, creative)2. The purpose of the use (educational, for-profit)3. Amount of the work being used4. The potential impact of the use on the market for
the original.
Making a fair use assessment
elvis by PresentationZen at http://presentationzen.blogs.com/presentationzen/2006/01/where_can_you_f.html
This image is neither public domain nor creative commons licensed. I assume it is copyrighted, and I am using it under fair use without permission from the creator.
Imitation may be flattery, but in some situations I would need to obtain permission before using it.
p.s. Attribution is still the right thing to do, even if you are making a fair use.
Do I need permission to use this?
How do I know if I need to
seek permission?
Not sure how to answer
these questions?
Ask for help!
Getting Permission
Permission vs. Access
The use and distribution of images can be controlled both by
• Copyright permissions (legal barrier)
• Access controls (physical barrier)
Sometimes an image is public domain, but you pay a fee to gain access (or a higher res image). The most common example is digitized copies of museum-held artwork. You must abide by the terms and conditions you agree to when acquiring the image, even if the image is not subject to copyright.
Step 1:Needs Assessment
Needs Assessment
Do you need THAT image? Really? Are you positive? Think long and hard
about that.
Needs Assessment
Let's talk $$$$.
Needs Assessment
Plan B.Have one.
Step 2: Under Copyright?
Who owns the © for these images?
What about these images?
Or this image?
Step 3: Finding rights holders
Tips for your search
• Talk to your publisher about their expectations and requirements.
• Document all your activities as you search for the rights holder.
• Good things to know about your image creator:o Name, nationality, death dateo Employment history (work for hire)o Professional representation
• Remember, the magic formula "1923 = public domain" only applies to works published in the United States.o If you have questions about unpublished
and/or foreign works, contact [email protected].
Step 4: Making the pitch
Making the pitch: basics
Material being usedPublisher
Format & Print run (if applicable)Territory of publication
Color? B/W?Size of the image
Placement of imageRole or significance in your publication
Let's find a rightsholder!
When things go wrong...
I sent a letter, but they ignored me!
(Include a deadline)Alternate form of communication
Keep trying (and trying)Call in the big guns
Fair Use?Resort to Plan B
They want to charge me a million dollars!
NegotiateBe reasonable
Be politeResort to Plan B!
Where to find recommended databases for images
MLibrary research guide - Imagesguides.lib.umich.edu/images
Where to go for help:
guides.lib.umich.edu/permissionsguides.lib.umich.edu/copyrightbasics
guides.lib.umich.edu/images
VRC professionals (advice)SI & Law students (labor)
Copyright Office (questions & non-legal advice)
Questions?
Resources we talked about
Creative commons icons for marking your photos http://creativecommons.org/about/downloads
ImageCodr: generates code for attributing Flickr images used on a blog http://www.imagecodr.org/
"Cite and Attribute Your Sources" from Open.Michigan http://open.umich.edu/share/cite
Open Attribute browser add-on http://openattribute.com/
Flickr Creative Commons search page http://www.flickr.com/creativecommons/
Flickr public photo collections search page http://www.flickr.com/commons/
Creative Commons featured image repositories that use CC licenses http://wiki.creativecommons.org/Image
Wikimedia commons images http://commons.wikimedia.org/wiki/Category:Images
MLibrary Image Collections http://quod.lib.umich.edu/cgi/i/image/image-idx
Open.Michigan "Use Open Content" (tons of links to places where you'll find free images) http://open.umich.edu/share/use
Finding Video, Audio, and Images Online, JISC digital media guides http://www.jiscdigitalmedia.ac.uk/crossmedia/advice/finding-video-audio-and-images-online/
Thank you!
Kristina [email protected] ManagerMPublishing, Copyright Office
Meredith [email protected] Services & Outreach LibrarianMPublishing, University Library
Image: Jewish Women's Archive, "Libby and sister off to volunteer...," available without © restrictions from the Flickr Commons.
