© 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