The document provides guidance on sourcing and reproducing images for publication. It discusses obtaining images from galleries, museums, personal photographs, books, free archives, and purchasing images. It covers copyright, the public domain, fair use, licenses, and the importance of proper attribution and credits. Guidelines are provided for determining if a work's copyright has expired, if fair use applies, understanding creative commons licenses, and contacting artist rights organizations when using images of artworks.

1. IMAGE REPRODUCTION GUIDE
By Aimée Scala & Harriet Salmon Photo Editors, Artforum Magazine
SOURCING IMAGERY
• Galleries/Museums: Often galleries and museums are able to supply you with high-
resolution images of an artwork that you are interested in using. We suggest contacting
one of the galleries that represents the artist and/or the museum that has that specific
piece in their collection. Be sure to give them details about your desired usage, which
includes file resolution and image specifications, as well as how the work will be used
and where it will be viewed or accessed.
• Personal Photographs: Another option is to use a photograph that you have taken
yourself, or one that an associate has taken. In these cases, you must ensure that the
image is high enough resolution for your purposes. We always credit photographers in
the caption for this kind of image. (For example, if you took the image we would include
“Photo: Your Name” below the image to attribute the photograph to you.)
• Images from Books: If you would like to illustrate your article with an image you
located in a book, the first step is to scan it. When scanning, ensure that you scan the
image with the colors and orientation that are a faithful reproduction of the original. If
your use is for print, the quality of the image might not be suitable. In that case, look at
the photo credits in the back of the book or in the image caption in order to identify the
source so you can contact them regarding reproduction.
• Google: Although you can locate suitable imagery using Google image search and the
like, we council against this method for a few reasons: First, you might not be able to get
a file that is high enough resolution for your purposes. Second, it is often difficult to
determine the copyright status of images online and locate the original author to license
the image if it is under copyright.
• Free Archives: There are also many archives that you can turn to for high-resolution
images that are free to use without obtaining permissions or dealing with copyright.
These resources include Wikicommons Media (http://commons.wikimedia.org), The
Library of Congress (http://www.loc.gov/pictures/) and Yale University’s Digital
Commons (http://discover.odai.yale.edu/ydc/). These archives often require specific
captions to be associated with their images so pay close attention to how they word their
requirements.
• Images for Purchase: There are also many places you can turn to purchase high-
resolution images for reproduction. They include news or current event imagery as well
as large collections of historical artwork and photographs. These include archives such
as Getty Images (http://www.gettyimages.com), The Associated Press
(http://www.apimages.com), Reuters (http://pictures.reuters.com), Art Resource
(http://www.artres.com), and the Bridgeman Art Library (http://www.bridgemanart.com).
For film stills and production stills from movies, Photofest
(http://www.photofestnyc.com) or The Kobal Collection (http://www.picture-desk.com)
are good sources.

2. IMAGE REPRODUCTION GUIDE
By Aimée Scala & Harriet Salmon Photo Editors, Artforum Magazine
• Flickr: Finally, many people upload their own images onto the web via websites like
Flickr (http://www.flickr.com).
COPYRIGHT, THE PUBLIC DOMAIN, FAIR USE, LICENSES, AND CREDITS
• Copyright: Copyright is a complicated subject, particularly with respect to digital and
online imagery. In broad strokes, copyright is a monopoly right granted for any original
work of authorship that is fixed in a tangible medium of expression for a limited period of
time (currently, the life of the author plus 70 years). Copyright is granted upon creation
and no registration is required. As such, a photograph you take, the grocery list you
scribbled down on a napkin, or your child’s homework are all copyrighted. Most
imagery available online or in books, therefore, is under copyright. It is important that
you determine whether your desired illustration is under copyright, and if so, to either get
a license to use the work, or determine that your use of the work qualifies as “fair use”—
a limitation on the exclusive rights granted by copyright. There are also many works that
are not under copyright, because they have fallen into the public domain because their
copyright has expired, or because their creator has chosen to release their work into the
public domain.
• The Public Domain: The public domain is our shared cultural heritage. It consists of all
works that are not under copyright and are free for anyone to use in any way they wish
without licensing or attribution of any kind. Works enter the public domain when their
copyright expires or because the creator has released all claims. Figuring out whether a
work is in the public domain is challenging, however, because of changes to copyright
law over time. As a general rule, any work that was published in the United States before
1923 is in the public domain, however, there are many other factors to consider. A chart
to help you determine a work’s status can be found here:
http://copyright.cornell.edu/resources/publicdomain.cfm.
• Fair Use: Determining whether your particular use of an image qualifies as “fair use” is
tricky. Fair use is a legal defense to activity that would otherwise be considered
copyright infringement. It does not require a license or permission of any kind. Section
107 of the Copyright Act
(http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000107----000-.html)
describes the defense, however, this section lays out a multi-factored test, not a list of
what activities always qualify as fair use. The result of this system is that it is very
difficult to determine beforehand whether use of a copyrighted work is fair use or if it is
infringement. Because this determination is so tricky, and because the consequences of
guessing wrong are very high (copyright infringement penalties can be upwards of
$30,000 per infringing work), scholars and others have created various “best practices”
guides and other resources to help creators who want to use copyrighted works in their
own creations. The Center for Social Media (http://www.centerforsocialmedia.org/send-
us-your-fair-use-question) is a good resource for learning about how to determine
whether your use qualifies as fair use. If in doubt, however, consult a copyright lawyer
prior to publishing the work.

3. IMAGE REPRODUCTION GUIDE
By Aimée Scala & Harriet Salmon Photo Editors, Artforum Magazine
• Licenses: In order to use a copyrighted work as an illustration, you must get a license. A
license need not be formal—if the artist or gallery grants you permission to use their
work, then you have received a license to use their copyrighted work for the specific
purpose of illustrating your article. Sometimes you might have to sign a document or
contract stating the limitations of your license, for example, that you may only illustrate
your article and that you have no right to distribute the image to anyone else for any other
purpose. Pay careful attention to these stipulations and be sure to alert the licensor ahead
of time if you will be unable to comply with any of the requirements.
o Creative Commons Licenses: Creative Commons (http://creativecommons.org)
allows creators to identify what is and is not allowed regarding use of their
copyrighted works without you having to contact them. A creative commons
license could grant broad rights (for example, the right to alter, remix, distribute,
non-commercially or commercially as long as you attribute the original image,
http://creativecommons.org/licenses/by/3.0) or the license could limit your usage
(for example, you are allowed to use the work as long as you do not use it for
commercial purposes http://creativecommons.org/licenses/by-nc/3.0). A
complete list of Creative Commons licenses are at the bottom of this page:
http://creativecommons.org/licenses. Images on sites such as Flickr and
elsewhere utilize the Creative Commons licensing scheme and this enables you to
locate an image and know what the creator requires of you in order for you to
legally use their copyrighted work in your article without having to contact the
copyright holder and negotiate with them directly.
o ARS and VAGA: If the image is of an artwork, confirm that the artist is or is not
a member of the Artist’s Rights Society (http://www.arsny.com/) or the Visual
Artists and Galleries Association (http://www.vagarights.com). If they are a
member of either of these organizations, you will have to contact them and clear
permissions through one of their Rights Administrators unless you feel absolutely
sure that your use of the artist’s work qualifies as fair use.
• Image Credits and Attribution: It is also important to always properly credit the source
of any illustrations you use. Crediting acknowledges the source of the work, helping
others who see it to locate it. Additionally, properly attributing the creator of the work
demonstrates good faith if you are claiming fair use.