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HOW TO LOCATE AND USE IMAGES ETHICALLY Finding Free Images Coleen Rose, Technical Services Librarian University Libraries, Southwest Baptist University.

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Presentation on theme: "HOW TO LOCATE AND USE IMAGES ETHICALLY Finding Free Images Coleen Rose, Technical Services Librarian University Libraries, Southwest Baptist University."— Presentation transcript:

1 HOW TO LOCATE AND USE IMAGES ETHICALLY Finding Free Images Coleen Rose, Technical Services Librarian University Libraries, Southwest Baptist University Presented at the 2010 Missouri Library Association Conference Lake Ozark, Missouri October 6-8, 2010

2 Good News! The only address you need for this presentation is: Scroll down to “Other Resources” Select “Using Images Ethically” link

3 Popular Subscription Databases with Images EBSCO databases Gale databases Encyclopedia Britannica Generally speaking, images found in these databases can be used by students and faculty in classroom assignments, student portfolios, etc. They cannot be posted to the web or published in journals or books. For specific details, check the terms of use of licensed resources.

4 OCLC First Search Subscription Databases CAMIO ® — OCLC's Catalog of Art Museum Images Online  “CAMIO is licensed for use by students, faculty, and researchers at subscribing institutions. Works of art may be used for educational and research purposes during the term of the subscription, if they are properly credited. Images may not be published or otherwise distributed.”--  “An Authorized User, for the purposes set forth above, may modify a Work, including but not limited to cropping, cut and paste, color manipulation, and other actions that change the nature of the Work, provided that such Work is being used in accordance with these Terms. “ --

5 OCLC First Search Subscription Databases OAIster— OCLC‘s Union catalog of digital resources  Contains digital resources from open archive collections  born-digital texts  audio files  images  movies  datasets

6 U.S. Government U.S. government images and graphics are in the public domain (with a very few exceptions) and they may be used and reproduced without permission or fee (an exception being if you wish a higher quality file). Attribution should always be given. Most government websites give examples of their preferred image attribution.

7 Two Grizzly Bear Cubs NPS Photo; Photographer unknown; National Park Service Yellowstone Digital Slide File FAQ “Q. Are these images in the public domain? A. These images are in the public domain and may therefore be used in your publications at no charge. Q. Do I need to include a credit line if I publish an image? A. Yes, the credit line should read ‘NPS Photo’ or ‘NPS Photo by (photographers name)’” -- l/slidefile/faq.htm

8 Selected U.S. Government Resources Library of Congress Prints & Photographs Division  Approx. 1.2 million digital images (not all items held by LC are produced by the U.S. government- watch terms & conditions)  U.S. National Park Service  All images in the NPS Digital Image Archive are free, and may be used without a copyright release from the National Park Service.  U.S. Naval History & Heritage Command  Over 16,000 images 

9 But wait, there’s more! National Aeronautics and Space Administration (NASA)  National Archives. Archives Research Catalog (ARC)  “The vast majority of digitized historical documents and photographs in ARC are in the public domain”– National Oceanic and Atmospheric Administration (NOAA)  National Library of Medicine. Images from the History of Medicine (IHM)  U.S. Antarctic Photo Library Federal Emergency Management Agency (FEMA). Photo Library 

10 General Image Websites

11 Image Search Engines

12 Public & Academic Library Specialized Image Resources New York Public Library Digital Gallery  University of North Texas Libraries Digital Collections  Northwestern University Library. WW II Poster Collection  ii-posters/ ii-posters/

13 Using Copyrighted Images With Permission Sometimes you may find the “perfect” image, but it is not in the public domain. If you really want to use that particular image, contact the copyright holder. Explain why you would like to use the image, and ask permission. The answer could be no, but it could well be yes. If you are given permission, give attribution for the photo.

14 This photo was used in the Harriett K. Hutchens Library 'Remember December the 7th' Commemorative Exhibit. I found black and white public domain photos of Curtiss P-40 airplanes, but for visual impact, I really wanted a color photo of a P-40 in flight. I found this photo via Flickr. I wrote the photographer, and he granted permission to use the photo in our display, on the condition that we used his preferred credit line. He also graciously granted permission for the use of the photo in this live presentation. Curtiss P-40 “Warhawk” in Flight Photo courtesy of Sergio Maraschin, Aerospace & Aviation Photographer An active member of ISAP (International Society of Aviation Photography) IMAGE REDACTED The image that appeared here in the original “live” presentation is not included in this version of the presentation. Because I did not ask for permission to post the image online, I cannot “bait & switch” and use the image for another purpose without securing permission for the new use.

15 “Rotating Snakes” This copyrighted image is used with the kind permission of Akiyoshi Kitaoka Dept. of Psychology, Ritsumeikan University Kita-ku, Kyoto , Japan. Published in Trick Eyes Graphics, p In my personal experience, I have found that obtaining permission to use images is easier than ever before. I ed Professor Kitaoka in Kyoto, Japan to ask his permission to use this image in my presentation. Permission was granted within 48 hours of the request. Time, distance & language were not barriers to obtaining written permission.

16 Copyright & Fair Use Issues Be Aware that with Copyright/Fair Use – It Is Not Always A Bright Line in the Sand “A Line in the Sand” Photo by “Azkid2lt” Used under the Creative Commons Attribution-Noncommercial No Derivative Works 2.0 Generic License “Sand Drifts” Photo by “Genbug” Used under the Creative Commons Attribution-Noncommercial No Derivative Works 2.0 Generic License

17 Question If I take a photo with my digital camera right here during this presentation, is the image copyrighted? “Once a work has been fixed in a tangible medium of expression, it is automatically protected under copyright law.” --

18 Notice of Copyright “The use of a copyright notice is no longer required under U. S. law, although it is often beneficial. Because prior law did contain such a requirement, however, the use of notice is still relevant to the copyright status of older works. … The use of the copyright notice is the responsibility of the copyright owner and does not require advance permission from, or registration with, the Copyright Office.” --

19 This is another photo that was used in the Harriett K. Hutchens Library 'Remember December the 7th' Commemorative Exhibit. Even though this photo does not contain the © symbol, that does not make it a public domain image. It is not in the public domain. It was used with the permission of the photographer. USS Arizona Memorial Photo by Steven M. Rose, USN (Ret.)

20 Here is an example of an image that was copyrighted in Since the copyright was not renewed, this image has now passed into the public domain. Dwight D. Eisenhower, three-quarter length portrait, seated, facing front c1952, Fabian Bachrach Library of Congress, Prints & Photographs Division LC-USZ (b&w film copy neg.)

21 Slightly Confused? No Wonder Since copyright law has changed several times in the 20 th century, it can be confusing determining the status of an individual work. In the previous two examples, we have an image without the © symbol which is in fact copyrighted, followed by an image with the © symbol, which has since passed into the public domain. But fear not, there are sources available to help you in determining the status of an image, and how to use it fairly.

22 Copyright & Fair Use Resources Copyright Term and the Public Domain in the United States / Cornell University  Fair Use / U.S. Copyright Office  Fair Use of Copyrighted Materials / University of Texas System  Know Your Copy Rights – Using Copyrighted Works in Academic Settings / Association of Research Libraries  Information Circulars and Factsheets / U.S. Copyright Office

23 A Personal Opinion/Observation (Not Legal Advice) Personally, I don’t like having to judge fair use. I find it to be vague and subjective. However, if I utilize Public Domain images, photos used with the permission of the copyright holder, or images used under the appropriate Creative Commons license, then I have no need to assert Fair Use. Speaking of the Creative Commons…

24 Creative Commons & Copyright

25 With a Nod to Monty Python- And Now For Something Completely Different: Photo Editing & Manipulation If you want to make substantive changes to an image that you did not create, seek permission from the rights holder. Even if the image is in the public domain, you should indicate in the credit line any substantive alterations of an image, such as extensive cropping of an image, or “photoshopping” an image to remove or add elements. Merely resizing an image would not be a substantive change.

26 Acknowledging the alteration of an image In this example, the image on the right has been cropped from the photo on the left. Mark Twain Library of Congress, Prints & Photographs Division LC-USZ Detail derived from Library of Congress, Prints & Photographs Division image of Mark Twain LC-USZ

27 Utilizing Your Images Once you have your images, attribution statements, and are familiar with the usage guidelines for your chosen images, you may begin to utilize the images.

28 Printing Issues Printing can present special challenges, aside from resizing and design issues. To avoid lawsuits, some companies will refuse to reproduce images that look like they were professionally created. If you take an image to a photo duplication service, take written proof that you have the right to use the image. You could still be refused service.

29 Example of an image that a commercial photo reproduction service refused to reproduce. Northwestern University Library. World War II Poster Collection “Restrictions: Materials published by the U.S. Government Printing Office are in the public domain and, as such, not subject to copyright restriction. However, the Library requests users to cite the URL and Northwestern University Library if they wish to reproduce images from its poster database.”-- u/govinfo/collections/wwii- posters/cright.html This poster can also be found in the digital catalogs of the National Archives and the Library of Congress Prints and Photographs Division Northwestern University Library National Archives ARC Identifier / Local Identifier 44-PA-227 Library of Congress, Prints & Photographs Division DIGITAL ID: (color film copy transparency) cph 3g (b&w film copy neg.) cph 3b30551

30 National Archives description for “Because Somebody Talked” The National Archives record indicated that there are no known usage restrictions. The catalog record itself is in the public domain.

31 Photo by Coleen Rose. An Example of a Personal Photograph. Because I took the photo, I am the rights holder. Even though it is my photo, I still give attribution so that it is apparent that I am not using someone else’s work without credit. Also, knowing where an image originates helps the viewer determine the credibility of the image. If instead of a dog I had taken a photo of a recognizable person, and if I wanted to sell or publish the photo, then I should obtain a model release. ©2009 Coleen Rose

32 Privacy, Publicity & Model Releases Privacy/Publicity rights are completely separate from Copyright.  Copyright resides with the photographer, or the entity that acquired the rights from the photographer.  Rights of privacy & publicity reside with the photographic subject.

33 Social Networking Food for thought— Be careful of images you post to social networking sites such as Facebook – check your privacy settings. Be particularly cautious with the images of children.  _missouri_familys_christmas_photo_ends_up_in_czech_g rocery_store_ad_after_mom_pos.html _missouri_familys_christmas_photo_ends_up_in_czech_g rocery_store_ad_after_mom_pos.html

34 Logos & Trademarks Please note that if a photographer takes a picture of a trademarked resource or company logo, the photographer owns the actual photo, but doesn’t have any rights to market it.  Example: if I had taken a photograph of a St. Louis Cardinals Player at Busch Stadium, or Shamu at SeaWorld, I could not market the photo on T-shirts, hats, coffee mugs, etc. I could not publish the image in an article or book. I would own the photo, but I would have no rights to use it commercially.

35 Using Logos & Copyrighted/Trademarked Material Without the Appropriate Payments/Permissions Can Be Expensive “Getty Images is suing website owners for using their images supposedly without paying for the rights. They have a software that crawls webpages, using an algorithm it can detect Getty images even if they have been cropped, or otherwise slightly altered. The images need not have the Getty watermark to be detected … they are demanding upwards of 20 times the original image price, threatening legal action.” associated-press.html associated-press.html _scott_brown_do_for_dems_ups_ships_off_legal_salvo/ _scott_brown_do_for_dems_ups_ships_off_legal_salvo/

36 In Conclusion Remember, just because you can “grab” an image from the Internet, doesn’t mean you have the right to use it. There are many rights-protected images on the Internet. Accessible doesn’t automatically = Usable. You should have nothing to fear if you use public domain images, images with the permission of the rights holders (keep written records!), and if you give proper attribution for all images used. By following these few simple steps, you can incorporate a virtual cornucopia of exciting resources into your projects.

37 Any Questions? Thank you for attending my presentation. Stick around for a few moments for a prize drawing!


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