Using Images Fairly In Your Writing About Art

Bridget Madden

Associate Director, Visual Resources Center

University of Chicago Department of Art History

DETERMINE COPYRIGHT STATUS

• Tools:
• Peter Hirtle’s Chart Detailing Copyright Term in the US
• Lolly Gasaway’s Chart When U.S. Works Pass into the Public Domain
• Digital Slider�
• Is it available in an open image collection?
• Creative Commons licenses
• IAP, other educational licenses
• VRC’s List of Copyright Free or Copyright Lenient Image Collections

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From http://www.collegeart.org/pdf/fair-use/fair-use-power-point.pptx

Section One: ANALYTIC WRITING

• Should be justified by the analytic objective, and the user should be prepared to articulate that justification
• The analytic objective should predominate over that of merely representing the work(s) used
• The size and resolution of the published reproduction should not exceed that appropriate to the analytic objective
• Carefully consider justifications in connection with digital-format reproductions of born-digital works
• Reproductions of works should represent the original work as accurately as can be achieved
• Provide attribution of the original work

DOES FAIR USE APPLY?�IS IT TRANSFORMATIVE?

• Is the use for a new “transformative purpose”? (in terms of context, audience, added insight, etc.)
• Does it employ an appropriate amount to fulfill the transformative purpose?

JUDGES ASK:

From: http://www.collegeart.org/pdf/fair-use/fair-use-power-point.pptx

CAMPUS FAIR USE RESOURCES

• Fair Use Lib Guide
• Copyright Info Center Fair Use Checklist
• Dissertation Requirements from the Student Manual

DOCUMENTING YOUR DECISIONS

https://docs.google.com/spreadsheets/d/1g6Ir-ex-eltwf1saNs_TnU73TfeIgGG6_0V9bQIjrwQ/edit?usp=sharing

USING IMAGES FAIRLY

• Cite images with proper attribution
• Image size specs
• For docs, PPTs, and PDFs: 72-150 dpi, ~1500 pixels on the long edge
• For print publication: at least 300 dpi, publisher will have exact specs

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The VRC can make images for you!

VRC Online Digitization Request

REQUESTING PERMISSION

• If fair use does not apply, what rights need to be cleared?
• Consider the underlying rights of the work in question and the copyright status of the reproduction
• Digital Image Rights Computator
• Copy Photography Computator
• Even if your use is fair, it may still be important to clear rights
• Example: to preserve personal or working relationship with artist, copyright holder, or institution
• Sample permission letters in Susan Bielstein’s Permissions, A Survival Guide (2006)