Legally Using Images in Libraries: Copyright Rules

Legally Using Images in Libraries ❘ Copyrightlaws.com

In this article, we address two perspectives on legally using images (from a copyright perspective) in libraries:

  1. Use of images by library staff and patrons
  2. Understanding how copyright pertains to images, educating staff and patrons about this, and creating a copyright culture in your library

Are You Legally Using Images in Your Library?

You should consider copyright issues and permissions for the following uses of images by that libraries and information professionals:

Your first step in legally using images is ensuring administrative and library staff understand how copyright applies to images, and how permissions and licensing works.

Images are everywhere. We use images on websites, social media posts and promotional materials such as posters for library events, and in presentations and teaching materials (both digital and traditional print formats).

Each country’s copyright act has its own specific definition of images protected by copyright. The U.S. Copyright Act defines images as “pictorial, graphic, and sculptural works” including:

So, illustrations, photographs, charts, cartoons, infographics and the like are all protected by copyright.

Exclusive Rights for Image Owners

copyright tip for librarians

Like other works, images are protected by copyright from the moment their creator (author) puts them into a fixed form (e.g., drawn on paper, saved to a computer file or a camera memory card). Once you undertake your copyright research you may find that the image:

We explain these three concepts below.

Only the owner of copyright in the image has the legal right to do the following:

Circumstances that Don’t Require Permission

There are some situations where you don’t need permission to use an image.

Public Domain

An image is in the public domain where its copyright protection has expired or it was never subject to copyright protection in the first place (e.g., a U.S. government work prepared by a government employee and being used in the U.S.). You may use a public domain work without permission or payment.

TIP: Adaptations of public domain works may be subject to copyright protection.

Do your research to determine if the image is in the public domain or not. In the U.S., this isn’t always a straightforward procedure since the duration of copyright protection and the conditions for copyright protection have changed a number of times. Consult the U.S. Copyright Office for further information on the duration of copyright.

Creative Commons Licensed Images

Many copyright owners choose to license their works through Creative Commons (CC). While you may use an image subject to a CC license without permission, be aware that terms and conditions of use apply to each of the six types of CC licenses.

Fair Use and Images

Under the fair use provisions of the U.S. Copyright Act, you may be able to use an image without permission from its copyright owner if you determine that fair use applies. (Other countries, such as Canada, have similar provisions known as fair dealing.)

Fair use is a complex and deliberately ambiguous principle of law. Each case must be assessed according to the specific facts of the situation and with regard to the four fair use factors. The person applying fair use must make a judgment call as to whether fair use applies to the particular work and use. The final arbiter of whether fair use applies is a judge in a court of law.

TIP: Some organizations are averse to the risk involved in applying fair use, and may prohibit or limit its use. Ensure you know your organization’s stance on fair use (or fair dealing), which may be part of its copyright policy or guidelines.

Search Engines and Images

Many think that images they find through an online search are free for the taking. The images that search engines provide in response to the criteria in any search may be subject to copyright protection. Always take the steps required to ensure that an image may be used without permission; otherwise, obtain permission or don’t use it.

Educating Library Staff

Providing awareness and education to library and enterprise staff is an important way to support legally using images in libraries and avoid copyright infringement. There are a variety of formal and informal ways you can make copyright awareness part of your culture:

See A Simple Guide to Copyright for Librarians before educating your library staff about important copyright and licensing issues.

Educating Library Patrons

Don’t forget about educating non-staff such as external researchers or members of the public. The following are some ideas to encourage them to legally use images:

Libraries commonly use images of book covers in various ways, such as in catalogues and bibliographies.

Scanning a book cover is a reproduction of a work, as is copying that cover image from a website. However, before obtaining permission you may choose to do a fair use analysis.

Under the U.S. Copyright Act, the fair use provision is always a determination you make based on the circumstances in any individual situation. Thus, you have to analyze the particulars of your use of book covers, and determine whether and how each of the four fair use factors relates to your use. Then you need to make a judgment call as to whether fair use applies to your use of that image or images.

Many organizations are comfortable applying fair use, whereas others want to be 100 percent sure their uses are within the law. If your library or enterprise fits into this latter category, approach the book publisher and see whether they own the copyright in the cover art or whether you have to contact the creator directly for permission.

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You may be interested in our article A Simple Guide to U.S. Copyright Law.

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