Herron Image Library Online Image Collections
Copyright and Fair Use Policy
Regarding the Creation and Development of the Image Collection
August 28, 2007
Part I: Statement of Policy
The Herron Art Library supports and advances the Indiana University Policy on Fair Use of Copyrighted Works for Education and Research (available at: http://copyright.iu.edu/). In coordination with the University policy, the Herron library has established this Herron Art Library Online Image Collections Copyright and Fair Use Policy regarding the creation of an image collection for purposes of study and teaching at the Herron School of Art and at IUPUI.
The objective of this policy is to promote the academic mission of the Herron School of Art and IUPUI, while complying with applicable law and policy. This document accordingly provides guidance to the Herron Library Faculty and Staff with respect to uploading digital files into the Herron Image Library Online database maintained in the image management system, Contentdm, or its successor.Consistent with copyright law, the library staff will upload such files only if the work in question: (1) is in the public domain; (2) may be uploaded with permission received from the copyright owner; or (3) may be uploaded within the limits of fair use.
This document provides a brief summary of public domain and permissions and provides guidance for understanding the application of fair use to the creating and uploading of images in the database. This document does not provide detailed guidance with respect to the fair use or other uses of the images once they have been accessed from the database. Users of images from the database are responsible for determining whether their activities are allowed under copyright law.
Part II: Summary Overview of Copyright Issues
For images that are in the public domain, a copyright infringement is not possible. Such images may be included in the Herron Image Library Online database.
Permissions and Licenses
Herron Art Library staff may seek licenses and permissions before uploading some digital files into the Herron Image Library Online. Images that are licensed to the Herron Art Library, either individually or as part of an acquisition of a larger resource, may be included in the database consistent with the permission from the copyright owner.
Some images may be included in the Herron Image Library Online in accordance with the law of fair use. For more information about fair use, visit the Copyright Resource Center website at http://copyright.iu.edu/.
Part III: Fair Use and the Herron Image Library Online
How Does Fair Use Apply to the Herron Image Library Online?
The Herron database as a collection of images developed, preserved, and utilized in furtherance of the school's teaching and research activities. Images may be included consistent with fair use as follows:
1. Purpose of the Use
Digitized images may be uploaded to the Herron Image Library Online only if:
- They are for the purpose of serving the needs of specified IUPUI educational programs and activities.
- Access is limited by password or other means to deter unauthorized access beyond faculty, students, and staff on the IUPUI campus.
- Students are not charged specifically or directly for access to the Herron Image Library Online, and no person or unit at the university benefits monetarily from the use of the material.
2. Nature of the Copyrighted Work
Images selected for inclusion in the Herron Image Library Online database must specifically meet the nonprofit education and research objectives of the university.
3. Amount of the Work Used
The amount of the work placed in the Herron Image Library Online must be directly related to the educational objectives of the course. Ordinarily, only an entire image is necessary to serve the educational purpose. Occasionally, only a "detail" of an image, or a low-resolution version, may be suitable.
4. Effect of the Use on the Market for the Original
Herron library staff will use appropriate efforts to determine if a suitable image is available in a digital format on reasonable terms from an alternative source such as available for licensing from a vendor, over the web for linking via an alternate image source before making and storing the image. Digital images are made available exclusively for use by faculty, students, and staff of IUPUI and should not be distributed beyond that limited group.