© University of Reading 2008 www.reading.ac.uk
Information Management & Policy Services
3 May 2023
Navigating the MinefieldImages & Copyright
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Objectives
What & Why: the problems faced
Practical issues: making copyright work for you
Future solutions: freedom and flexibility
Image by Jacob Cass, Just Creative Designs. Reproduced under Creative Commons Attribution 2.0 Generic licence
The situation
• You have images still in copyright in an obsolete format
• You don’t own the copyright to all the images in your collection and aren’t too sure who it belongs to
• If one more person says Google Images to you, you’re going to scream...
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opyright, Designs & Patents Actriginality rotects creative workscan’t I do that?!ests with the Authorntellectual Propertyranted Automaticallyorribly Longerritorial
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An image is a... • Photograph• Film still• Screenshot• Chart/Table• Diagram• Map• Tattoo
• Illustration / Drawing
• Collage• Computer
generated work
• Clip art• Logo
5Image from Flickr by K!T reproduced under Creative Commons Attribution Non-Commercial Licence
“It’s ok, no-one will ever find out”
• University had to pay royalties and damages after not taking down a stock image taken from the Internet
• Stock images are invisibly 'tagged‘
• Image recognition and tracking software are used to find images on the Web
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Permitted Acts
You can provide and use images for/under the following:
• Exams and Assessed Work• Visually impaired (conditional)• Library privilege (limited)• Acts done under statutory authority
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Fair Dealing
• Restricted to– Non-commercial research and private study– Criticism or review– Reporting current events (not photographs)
• Always credit the author
• Multiple copies are not considered fair dealing
Flickr Image: ‘the dealer’ by Isuru Senevi, available under a Creative Commons Attribution Noncommercial-No Derivatives licence
Criticism and Review– Directly commenting on an image
– Comparing the works of two artists and/or looking at their artistic influences
– Theorising about a work or artistic movement and using an image to make your point
– Reproducing an image from an exhibition in a review of that exhibition
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What is not fair dealing• Derogatory treatment• Using more than needed, or not in context• For illustration only• To generate publicity, advertise or increase
sales • Use on a front cover
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Licensing solutions
• Collection management societies• Developed licensing schemes e.g. Creative
Commons• Individual royalty-free or rights-managed
licences
• Always ensure you abide by the terms and conditions of a licence
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The ‘grey’ areas
• Image analysis:– What is it? (and/or what is it of?)– Where did you get it?– Who owns it?– How old is it?– How and where is it going to be used?– Is there a licence associated with it?
• JISC’s process chart on sourcing and using images
http://www.jiscdigitalmedia.ac.uk/images/clearing-rights2-lg.gif 12
Dealing with images – Librarian 2.0 styleBe proactive not suspicious
Educate
Library school training 101– Use your search skills efficiently and innovatively– Evaluate sources and check the small print
Use social media
Reinvent yourself! 13
Flickr Image: ‘All New Librarian Action Figure’ by blg3, available under a Creative Commons Attribution Noncommercial-No Derivatives licence
Where from?• Subscription (educational) resources
– Education Image Gallery **soon to become MediaHub**– Bridgeman Education– Science Direct image search
• Search engines– limit to creative commons material– Flickr– Google image search
• Commercial image databases– Getty, Corbis, Reuters, Press Association...
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Some ideas... • Copyright Friendly Wiki
http://copyrightfriendly.wikispaces.com/
• Yale Digital Images (freely available)
• Xpert
• Wikimedia Commons
• Flickr Commons
• Europeana15
OR... create your own images!
Future solutions• Hargreaves Recommendations
– Enable digitisation and use of orphan works– Update preservation to cover artistic works
• European solutions– Orphan Works Directive (limited to published text
works)– Collective licensing for out of commerce works – WIPO - Visual impairment, Educational & library
exceptions
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Promoting best practice
• Policies and Procedures• Clarify licence terms in plain English• User education• Risk management
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Leaving you with words of encouragement...
18Reproduced with kind permission of Brian Solis
Copyright & images – advice and guidance
JISC Digital Media www.jiscdigitalmedia.ac.uk
Intellectual Property Office www.ipo.gov.uk
British Association of Picture Libraries and Agencies
www.bapla.org.uk/index.php
JISCMail lists (such as LIS-Copyseek) and archives
Twitter! (for communication and discovery)19