Image Use and Copyright Guidelines

IMAGE USE AND COPYRIGHT GUIDELINES

Understanding copyright and the proper use of images can be complex, even for seasoned professionals. This guide aims to simplify these concepts and provide clear guidelines and valuable resources to help you navigate image use responsibly in your work.

Whether you're preparing a presentation, writing a research paper, or publishing content online, adhering to copyright law and ethical image use is an important function of scholarly work.

Table of Contents

• Key Definitions
• Understanding Copyright
• Fair Use Principles
• Citing Images
• External Resources
• Summary Points

Key Definitions

Copyright: A legal right granted to the creator of an original work (e.g., image, text, music) to control its use and distribution.
Fair Use: A legal doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders, for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.
Public Domain: Works that are not protected by copyright and can be used freely by anyone for any purpose without permission or payment. This typically includes works where copyright has expired, been forfeited, or never applied.
Intellectual Property (IP): Creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
Copyright is a type of intellectual property.

Understanding Copyright

Copyright protects original works of authorship, including visual arts. When you use an image, you must ensure you have the right to do so, either through permission from the copyright holder, a license, or by determining the image is in the public domain or falls under fair use.

Always assume an image is copyrighted unless you find explicit information stating otherwise.

Fair Use Principles

Fair use is a defense against copyright infringement. It allows for limited use of copyrighted material without permission for purposes such as education, research, criticism, or parody. There are four factors considered when determining fair use:

1. Purpose and character of the use: Is it for commercial or non-profit educational purposes? Transformative uses (e.g., using a work in a new way or for a different purpose) are more likely to be fair.
2. Nature of the copyrighted work: Is the work factual or creative? Using factual works is more likely to be fair than highly creative ones.
3. Amount and substantiality of the portion used: How much of the copyrighted work was used in relation to the whole? Using a small, non-essential portion is more likely to be fair.
4. Effect of the use upon the potential market for or value of the copyrighted work: Does your use harm the copyright holder's ability to profit from their work? This is often the most critical factor.

No single factor is decisive; all four are weighed together. Fair use is determined on a case-by-case basis.

Citing Images

Even when using images legally (e.g., public domain, fair use, or licensed), proper citation is a best practice and often a requirement. For academic work, always check with your instructor for specific citation formats (e.g., MLA, APA, Chicago).

Minimum Record for Citation (e.g., for PowerPoint lectures, research papers)