Copyright & Fair Use

Copyright
  • Copyright protects the rights of a creator of a work.
  • Copyright does not apply to facts or ideas, among other things.
  • Items created before 1923 are in the public domain, which means copyright no longer applies to them.
Fair Use
  • Fair use allows people to use copyrighted items in certain circumstances.
  • There are 4 factors to consider when deciding if a use can be considered "fair":
    • What is the purpose of the use? Commercial? Educational? Could it be considered transformative use?
    • What is the nature of the item? Is it a creative work? Is it factual?
    • How much of the item are you using? The whole thing? A thumbnail image?
    • What effect will your use of the item have upon the original market for the item?
 
Tools to help you decide how and whether to use images:

 

Major points to remember about images:
  • If your use falls under Fair Use, copyright doesn’t matter. It may be polite to inform the repository of your use, but it’s not legally required that you consult them.
  • Is it an image or a “slavish” (identical, basically just a copy) reproduction that hasn’t been altered?
  • Was it published in the US pre-1923? Maybe in a newspaper or book of photographs?
    • Yes to both? Public domain. No one can claim rights over it.
  • Did you get your image from a library-licensed resource (e.g., ARTstor)? If so, scholarly use (including publication) is included in our licensing agreements for these resources.
  • If you are unclear about copyright or fair use for an image, ask a librarian!
  • Whether fair use or public domain apply, it’s usually best for good relations to let rightsholders or the relevant repository (in the case of ARTstor this would be the library or archive, not ARTstor) know of your intended use unless they indicate other preferences in their policy statement.