Copyright Nuts & Bolts
for Using Images
Meredith Kahn
Kristina Eden
Faculty Exploratory
5 Nov 2012
Who we are...
Kristina Eden
keden@umich.edu
Program Manager
MPublishing, Copyright Office
Meredith Kahn
mkahn@umich.edu
Publishing Services & Outreach Librarian
MPublishing, 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 info
Inexpensive image resources
Giving attribution for images
Steps in the permission process
Where 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
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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: Guidelines
http://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 seals
University colors
Consent to photograph or record electronically
http://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
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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
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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?
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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
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Low cost
Stock photos
some sites require a free registration
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For 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.o
rg/wiki/Main_Page
Image: screenshot of Wikimedia Commons on October 30, 2012
MLibrary Image Collections
http://quod.lib.umich.edu/cgi/i/image/image-idx
for example:
History of Art Department, Visual
Resource Collections
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.
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How do I give attribution?
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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"
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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/ccs1ic
copyright unknown
How do I format my citations?
Be consistent.
Include as much info as
you can find, including
the creator and any
licensing terms you are
aware of.
Den lille Havfrue. Photo by Sven
Turck (1897-1954), Royal
Library Denmark on Flickr
Commons. No known copyright
restrictions.
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 test
1. The nature of the work (factual, creative)
2. The purpose of the use (educational, for-profit)
3. Amount of the work being used
4. The potential impact of the use on the market for the
original.
Making a fair use assessment
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.
elvis by PresentationZen at
http://presentationzen.blogs.com/presentationzen/2006/01/where_can_you_f.
html
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)
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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
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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 date
o 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 copyright@umich.edu.
Step 4: Making the pitch
Making the pitch: basics
Material being used
Publisher
Format & Print run (if applicable)
Territory of publication
Color? B/W?
Size of the image
Placement of image
Role 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!
Negotiate
Be reasonable
Be polite
Resort to Plan B!
Where to find recommended
databases for images
MLibrary research guide - Images
guides.lib.umich.edu/images
Where to go for help:
guides.lib.umich.edu/permissions
guides.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
Open Attribute browser add-on
http://open.umich.edu/share/cite
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 Eden
keden@umich.edu
Program Manager
MPublishing, Copyright Office
Meredith Kahn
mkahn@umich.edu
Publishing Services & Outreach Librarian
MPublishing, University Library
Image: Jewish Women's Archive, "Libby and sister off to
volunteer...," available without © restrictions from the Flickr
Commons.