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Image Copyright Workflows for the Dissertation and Beyond

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From the beginning of the writing process all the way to submitting and publishing your dissertation or thesis, this workshop will teach you a workflow for addressing copyright and other legal considerations based on the content you're using. It will also help you address related publishing questions once you're finished writing, including considerations about sharing your dissertation online, and the intellectual property rights you'll walk away with as an author.

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Image Copyright Workflows for the Dissertation and Beyond

  1. 1. IMAGE COPYRIGHT WORKFLOWS Rachael G. Samberg, J.D., M.L.I.S. For dissertations and beyond
  2. 2. Today ▪ Why are we talking about this? ▪ Copyright overview ▪ Workflow for visual resources ▪ Testing the workflow with use cases
  3. 3. Why are we talking about this? Van Gogh, Irises, 1889. Getty Museum Stile Arte, 2011. http://www.stilearte.it/dipingere-come- van-gogh-tanti-tutorial/
  4. 4. But, can’t I just cite the source? Dan4thNicholas, CC-BY, h2ps://flic.kr/p/8PEZiG Sakaki0214, CC-BY-NC-ND, h2ps://flic.kr/p/9jykF1 Attribution Permission
  5. 5. What is copyright? Exclusive rights to make certain uses for limited period of time
  6. 6. Reward of Exclusive Rights ▪ Reproduction ▪ Derivative works ▪ Distribution ▪ Public performance ▪ Public display
  7. 7. …for limited periods of time Varies, but at least author’s life + 70 years Within “protected” period, author’s permission needed to reproduce, display, perform, etc.
  8. 8. A Few Other © Prerequisites By Rachael G. Samberg Protects expressions, not ideas or facts Must be original, authored, and fixed 74.3 × 94.3 cm “I’d like to paint irises with oil paint.” http://www.getty.edu/art/collection/objects/ 826/vincent-van-gogh-irises-dutch-1889/
  9. 9. Copyright & Underlying Work By Rachael G. Samberg
  10. 10. Works in Public Domain §  Works by U.S. Federal gov’t §  Works whose © has expired https://commons.wikimedia.org/wiki/ File:Britannica_Shakespeare_Droeshout_Engraving.jpg
  11. 11. Other Limitations Statutory exemptions •  Undertake exclusive rights without obtaining permission and without payment of license fee
  12. 12. Fair Use 17 U.S.C. § 107 The fair use of a copyrighted work… for purposes such as criticism, comment, news reporting, teaching…, scholarship, or research, is not an infringement of copyright.
  13. 13. Statutory Exemption: Fair Use 1. Purpose & character of use (commercial purposes less likely fair than nonprofit educational; whether use is “transformative” often dominates) 2. Nature of copyrighted work (more likely fair if you’re using factual/ scholarly work) 3. Amount and substantiality (size & importance of portion used in relation to whole) 4. Effect on potential market (less likely fair if use is substitute for purchasing—or licensing—original)By Rachael G. Samberg
  14. 14. Is use fair? ▪ All four factors ▪ No bright line rule ▪ No 10% rule ▪ Always fair to link to lawful
  15. 15. Still in © and use exceeds fair? ▪ You need permission ▫ Permission = license applied by copyright holder ▫ Can be pre-applied
  16. 16. Working through it By Rachael G. Samberg
  17. 17. Workflow 1: Do you need permission? Has a license already been granted? Is the work in the public domain? Would publishing the content be fair use? If yes to any, go to Step 3. 2: Seek permission if needed Research who holds copyright & send request. Keep records for your files Ensure permission covers all intended uses 3: Address non © policy concerns Contractual or terms of service restrictions from archives, databases, or websites? Concerns about rights of privacy or publicity? Should you register your copyright? Do you want to & can you license the use of your work? 4: How do you want to share? Do you want to embargo your dissertation?
  18. 18. 1: Do you need permission? Has a license already been granted? Is the work in the public domain? Would publishing the content be fair use? If yes to any, go to Step 3.
  19. 19. Applying Step 1: Dig into Purpose Analysis of artists’ self-marketing Compiling works by photographer George Georgiou, http://www.georgegeorgiou.net/projects.php
  20. 20. Applying Step 1 By Tvanbr (Own work) [Public domain], via Wikimedia Commons https://commons.wikimedia.org/wiki/File %3AAnatomy_Heart_Latin_Tiesworks.jpg Analyzing History of Anatomical Diagrams https://leonardodavinci.stanford.edu/submissions/clabaugh/history/leonardo.html
  21. 21. Observation You have a right to make fair uses. Asserting the right involves judgment and some risk analysis.
  22. 22. 2: Seek permission if needed Research who holds copyright & send request. Keep records for your files Ensure permission covers all intended uses
  23. 23. •  Archives might have info •  Could also try searching registrations Finding Rights Holders
  24. 24. •  Took awhile to determine supposed author, but incorrect •  Tried other suggested author, no response Bill Clinton Inauguration, published in S.F. Sentinel
  25. 25. Robert Rauschenberg, “Bed” Image file MOMA The image may be displayed in eBook format for a period of up to ten years only. All images used online must be displayed at a maximum resolution of 72 dpi. All future editions, reprints, translations, or formats (including electronic media) must be negotiated separately.
  26. 26. Observation If you’re concerned your use exceeds fair use, but are unable to locate rightsholder, or the scope of your usage request is denied: Exercise judgment and undertake risk analysis.
  27. 27. In your risk analysis, you *might* decide to find another source or image
  28. 28. 3: Address non © policy concerns Contractual or terms of service restrictions from archives, databases, or websites? Concerns about rights of privacy or publicity?
  29. 29. Contractual Limitations: Archive Agreements
  30. 30. Contractual Limitations: Website Terms End Run Around Fair Use
  31. 31. Can they do that?
  32. 32. Rights of Privacy ▪ © protects copyright holders' property rights ▪ But privacy protects people who are subjects of works  ▪ Vary by state ▪ Expire at death ▪ Newsworthiness and permission are defenses
  33. 33. http://www.oac.cdlib.org/findaid/ark:/13030/kt087022kf Tom (William S.) Photographs ONE National Gay & Lesbian Archives
  34. 34. Rights of Publicity ▪ Right to control commercial use of identity ▪ Survive death ▪ Usually applicable only if commercial use
  35. 35. Should you register your copyright? Do you want to & can you license the use of your work? 4: How do you want to share? Do you want to embargo your dissertation?
  36. 36. If they liked it then they should have put registration on it? •  Copyright attaches upon work being fixed •  Registration not required •  But it has advantages: Statutory Damages
  37. 37. Embargo?
  38. 38. Encourage scholarship, innovation, criticism, etc.? Preclude reuse beyond fair uses? TLG® materials are copyrighted and are not in the public domain. You may browse and search the TLG Canon and textual corpus and online LSJ on this site but you may not download them. http://www.tlg.uci.edu/copyright/index.php How should others use your new work?
  39. 39. Use Cases & Analysis
  40. 40. You have the right to make fair uses. Relying on it involves making judgments. Terms of use restrictions (or contracts) can affect uses that otherwise would be fair.
  41. 41. Use Case #1 ▪  Analyzing slides shot in Egypt between 1969 and 1980.  ▪  Purchased at U.S. garage sale, photographer unknown. ▪  Donated to archives, which is your source for images.  How would you proceed?
  42. 42. Use Case #2 ▪  You find an architectural society has a 35mm slide collection of a former architect at work. ▪  They did not receive copyright in gift transfer. ▪  Both the photographer and the subject of the photos (the architect) have since passed away. How would you proceed?
  43. 43. Use Case #3 ▪ You plan to give nationwide lectures at conferences using the slides from Use Case #2 ▪ Reached out to estate of photographer, but no response. ▪ The conferences charge an admission fee. Can you use images in way that is fair if charging admission?
  44. 44. Use Case #4 ▪ British Museum digitized image should be in public domain, but website terms apply CC-BY-NC-SA license. ▪ Can you use this in a book you’re publishing from your dissertation? CC-BY-NC-SA 4.0 British Museum. Print by Farrell, circa 1897-1922.
  45. 45. Get the flow http://www.lib.berkeley.edu/ scholarly-communication/publishing/ copyright/dissertations-theses Thanks!

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