Image Databases: Copyright Considerations

​​​​​​Is everything subject to copyright?

Copyright exists as soon as an original work is fixed in a tangible medium (so, written down, saved to a computer drive, recorded, etc.), but some content is not covered by copyright and can be used freely.  This includes:

• Works in the public domain due to copyright expiration. In the US, works published before 1924 are generally public domain.
• Works created by the US federal government, which are in the public domain by statute.
• Works that have been dedicated into the public domain by their creator, for example by using CC0.
• Copyright does not cover ideas and facts, only their creative expression.  While the threshold for originality is low, if you are only copying factual or conceptual information (for example, raw data from a telephone directory), copyright may not apply.

Many websites have “Terms of Use” posted, which can function as a copyright license, and may be an enforceable contract between you and the site. 

To see if special terms of use apply on a website:

• Look for a link to a “Terms of Use,” “Legal,” copyright statement, “End User License Agreement (EULA)” or similar options
• Read captions and collection descriptions

Also be aware of additional laws that may apply to photographs of people. Rights of privacy or publicity limit the use of a person’s likeness. To avoid potential problems, use photographs of people taken in larger public scenes, and avoid photographs of famous people, or people engaging in private activities.

The fair use provisions of U.S. copyright law allow use of copyrighted materials for specific purposes without permission of the copyright holder. The law as written is brief and general. Fair use is flexible, which means it can adapt to new situations, but also that there are no black and white rules.  In order to assess fair use, courts apply a holistic assessment of four factors:

1. The purpose and character of your use
   • Nonprofit, educational, scholarly or research use favors fair use
   • Transformative use (repurposing, recontextualizing, using the work for a new purpose) favors fair use
2. The nature of the copyrighted work you are using
   • Using published, fact-based content favors fair use
3. The amount of the work you are using
   • Small or less significant amounts favor fair use
   • Using only the amount needed for a given purpose favors fair use
4. The effect of your use on the market for or value of the copyrighted work
   • If there would be no effect, or it is not possible to obtain permission to use the work, this favors fair use

Applying this four-factor test is not a clear-cut process, and each individual needs to weigh all four factors to decide whether a fair use exemption will apply to a proposed reuse.

How to improve a fair use case for an image

Suggestions for improving your fair use case:

• Place the image in a new context or use it for a new purpose
• Use lower resolution or thumbnail versions where possible
• Use only the parts of the image needed for the purpose

(Content in this section from created by the MIT Libraries, CC BY-NC)

Beyond concerns about licenses for use, image sources in academic papers must be cited to avoid plagiarism. Proper citations should include as much of this information as you have available:

• Artistʼs name
• Title of the work
• Date it was created
• Repository, museum, or owner (in other words, where it is now located)
• City or country of origin
• Dimensions of the work
• Material or medium (oil on canvas, marble, found objects, etc.)

If you found the image in a book, you'll also need the author, title, publisher information, date, page, and figure or plate number of the reproduction. If you found the image online, you will need an access date, the web site address (URL), and, in some cases, an image ID number.

For examples of image citations using the Chicago Style, see the guide from Highpoint University or this Guide from Scribbr.