Library Web Help - Copyright/Public Domain/Fair Use

Many times, libraries cry “fair use” or “public domain” when using graphics or clip art from other sites, but seeing graphics posted on the World Wide Web does not always mean they are up for grabs for anyone with a really good right click. Clip art, stock photos, book covers, or even @yourlibrary logos all have copyright issues that need to be addressed before posting on your library website. Below, are some hints at handling these.

Please note: This overview was created from research, and in consultation with the State Library's Reference staff. As such, this overview should not be used as a substitute for consultation with a professional legal adviser.

 

Copyright

Any original work – whether it is art, print or music – has copyright protection implied. Copyright is the legal right granted to an author, composer, playwright, publisher, or distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work. It exists the moment a work is created. Rough drafts or items on the cutting room floor even have copyright. The owner of a copyrighted item may register it with the U.S. Copyright Office; this entitles him/her to sue for damages if his copyright is infringed. Copyright not only covers the original work, but also the ability to modify it by any means. Although the internet is considered the World Wide Web, implying free access to all, anything found on it has copyright. Unless the creator has granted a copyright release, making it part of the public domain, all original works are protected.

Some items you may unknowingly use that are actually copyrighted works:

• Digital images of book, video, or audiocassette covers
• Clip art or fonts from sites found on the internet
• American Library Association graphics

Public Domain

After a certain amount of years of the original creation (refer to http://www.unc.edu/~unclng/public-d.htm for a list of dates), copyright on a work expires, making it part of the public domain. Public domain items have no terms of usage or conditions attached and may be copied, sold, claimed your own and used in any manner that you wish. Very few digital works are considered part of the public domain. Since experts must manipulate technology to convert vintage print materials to a digitized format for web access, copyright can be (again) applied to the new work – the online graphic. It’s best to double check whether or not a digital version of a public domain item has copyright before using it. Some more reliable places for obtaining public domain works are other state/national libraries and archives.

Below are some resources that KDLA uses:

• Kentuckiana Digital Library
  http://kdl.kyvl.org/cgi/b/bib/bib-idx?page=simple&c=eadimages
  This contains a wealth of photos of Kentucky subjects, from 1800's through the 1960's. Most are public domain items.
• 100 Milestone Documents
  http://www.ourdocuments.gov/content.php?flash=true&page=milestone
  This is a fascinating site maintained by the National Archives and Records Commission. It contains scanned versions of the major documents affecting U.S. history, such as the Constitution, Declaration of Independence, Emancipation Proclamation as well as rulings on court cases.
• Photographs and Graphic Works - National Archives and Records Administration
  http://www.archives.gov/research_room/media_formats/photographs_and_graphics.html
  This site has great photos of the Civil War, World War I, World War II, as well as an exhibit hall (http://www.archives.gov/exhibit_hall/index.html) which displays some of the photographs which document pivotal periods in America's history.
  (Please note that some of the images in the "Exhibit Hall" are copyrighted, so it's best to check before using.)
• Rare Book and Special Collections Reading Room - The Library of Congress
  http://www.loc.gov/rr/rarebook/
  This is a GREAT site, containing scanned book covers, illustrations, and/or contents of books published from Medieval Times through the early 20th century.
  (Most of these images are in the public domain, but be sure to check before using - especially those from the 20th century.)
• Prints and Photographs Reading Room - The Library of Congress
  http://www.loc.gov/rr/print/catalog.html
  This site not only has historic photographs, but also many propaganda posters printed by the federal government -- a real find for those interested in World War I and World War II images. The site also has a fine art collection dating back to the Renaissance.
  (Note - be sure to check the permissions on using images from the fine art collection. Many of these prints are "owned" by a certain museum, and require permission or at least a line crediting the source.)
• American Memory - Historical Collections from the National Digital Library
  http://memory.loc.gov/
  This site has about everything you can think of, from historical images to quirky photos donated by small town newspapers.
  (Please note - many of these images have copyright, but detailed contact information for usage permission is included.)

Fair Use

One of the most common misconceptions libraries have is that they are covered by “fair use” exemptions. Fair use of a copyrighted work grants use without liability for infringement of copyright in such cases as criticism, comment, news reporting, teaching, scholarship, or research. Copyright owners are, by law, deemed to consent to fair use of their works by others. The Copyright Act broadly defines fair use (http://www.copyright.gov/circs/circ21.pdf); in most cases, it acquires its definition from the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and the effect of the use on the potential market for, or value of, the copyrighted work. Common examples of fair use are using reference book citations for research or quoting books for research papers.

However, fair use does have its limits: the legal definition of fair use is restricted. It is “an implied permission granting non-profit and/or educational institutions use of copyrighted materials in face-to-face teaching, personal discussion and research, and news reporting without the possible penalties of infringement.” As long as the material is used within the confines of one class for instances such as library workshops or conferences, it is safe. However fair use statutes may not apply to use of digital images in online publications open to the public. Accepted interpretations do not consider a website a controlled environment like a classroom because the information conveyed is not face-to-face; you are not with the patron when he/she gains access to the images/information.

There are ways around this, such as posting newsletters, research, etc. on a local intranet, or having a secured website accessed only by passwords. However, it is best to get permission from a copyright owner. If your web server should be hacked and images or other types of copyrighted materials are accessed, you could still be held accountable for not protecting the copyrighted work. This could possibly negate your fair use exemption.

For more resources on copyright, visit these excellent resource websites:

• http://www.whatiscopyright.org/
• http://www.copyright.com/CopyrightResources/default.asp
• http://www.utsystem.edu/OGC/IntellectualProperty/imagguid.htm#2