Answers to Questions You May Have About Copyright for Images

Today it is very easy to scan images on a computer and copy pictures and illustrations from the Internet. In fact, it is available any time you "right-click" a computer mouse. But that does not mean that it is okay to make the copy. The same copyright compliance given to written property must be observed for images. Be sure to put the copyright symbol, name, and date on each copy, and cite your source. Use "thumbnail-size" images as a reference or a mnemonic tool.

What do you want to do? Check to see if and how you can:

Make a copy of an image

Use of clipart

Use of a cartoon

What are classroom guidelines?

Make a link to an image on Blackboard

Make a link to an image on your web site

Where can I find more information about copyright for images?

You may make a copy of an image once it passes into the public domain. See table, When Does a Work Pass into the Public Domain? to determine if the work is in the public domain

Use in a class setting is okay, provided fair use guidelines are met. If it is to be used outside class, check at the source to determine copyright permission.

Use of many copyright images requires obtaining permission from the copyright holder. An excellent example of the process is given in this web site from the University of Iowa: http://twist.lib.uiowa.edu/freelance/resources/Images.htm

Illustrations and photos from many government sites may be copyright free, but the use of these "copyright-free" images may still have certain restrictions. For instance, the use of agencies' official emblems (i.e. U.S. Fish & Wildlife Service) to implicitly or explicitly endorse any product, organization, policy, or agenda is strictly prohibited by law. Be sure to read the copyright statement at the particular site of the document you are using.

Clip art is sold to be copied. However, it is important to pay attention to the restrictions set by clip art publishers. Look for the copyright statement whether as part of a software package, a print volume, or a web site. The rights given may be limited, such as "limited personal use of up to twenty images only".

For instance, Microsoft ClipArt Gallery is a searchable gallery- copyright free images if you have their Office software legally installed on your computer. Its copyright statement in the end user license agreement (EULA) includes the following among its restrictions:

• You may not use or distribute any of the Software that include representations of identifiable individuals, governments, logos, initials, emblems, trademarks, or entities for any commercial purposes or to express or imply any endorsement or association with any product, service, entity, or activity.
• You may not create obscene or scandalous works, as defined by federal law at the time the work is created, using the Software.

If you believe you are overstepping the uses set forth in the copyright license, it is prudent to write the copyright holder and ask for permission.

Cartoons are treated like any other image for copyright. For use outside the classroom, permission must be obtained from the copyright holder. Cartoon copyright owners generally have very visible copyright policies on their web sites.

The New Yorker has a web site devoted to licensing its cartoons: http://www.cartoonbank.com. United Media, home of Dilbert and Peanuts, allows you to download desktop wallpaper but when it comes to presentations, they request that you seek permission. There are often special rates for high school and college students and non-profit organizations. See their copyright file.

To use a strip for a presentation, newsletter, book, memo, or any other type of distribution, you need permission from United Media. Permission is granted on a case-by-case basis. Please send a letter or fax with a copy of the strip or article that you wish to use and a brief explanation of how you intend to use it. If you wish to submit your request by email, please use the reprint permission form.

If you have the release date for the art or article, it helps us process your request faster. Please include the type of publication (or topic of presentation) and the circulation of the publication. There are also special rates for high school and college students and non-profit organizations. See library staff for assistance, as you would for any other type of image.

There are no absolute numbers to rely on, but there are some guidelines that are often cited. They were developed by the Ad Hoc Committee of Educational Institutions and Organizations on Copyright Law Revision, the Authors League of America, Inc., and the Association of American Publishers, and were made part of the Congressional Record to the Copyright Law.

Their document is entitled "Agreement of Guidelines for Classroom Copying in Not for Profit Educational Institutions" but is most often referred to as the " Classroom Guidelines"). The Classroom Guidelines use the concepts of brevity, spontaneity and cumulative effect to illustrate what may or may not be a fair use. They suggest numerical limits as the minimum standards of educational fair use under Section 107. The Classroom Guidelines are cited in the Babson College Copyright Policy.

The guidelines provide for a single copy to be made for scholarly research or use in teaching or preparation to teach a class: A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper.

Titles in that collection can be linked within your course site. For assistance, contact the Reserves Coordinator, Linda Reifler-Alessi at x6450 or your library liaison. The Library will take care of getting copyright permission for the item, provided that the copyright holder is willing to grant permission. Fees are paid for by the library.

You are responsible for copyright permission for your own web site; however library staff can create a Readings only Blackboard page that can be linked directly to your web site. In this instance we take care of copyright permissions.

You can use the web to find copyright permission statements for many images you may want to use. Cited here are two specific sites with their restrictions and use statements.

Microsoft: http://www.microsoft.com/about/legal/permissions/default.mspx

US Fish & Wildlife Service: http://pictures.fws.gov/

See the tutorial Digital Images and Copyright http://www.2learn.ca/copyright/images.html

Refer to the Babson College Copyright Manual


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