Elisabeth Louise Vigee le Brun, La Rein Marie Antoinette dit â la Rose,
Golden Age of Versailles:
This guide will help you ethically use resources created or managed by cultural institutions (museums, galleries, archives and libraries). For general information on intellectual property consult the Library's Intellectual Property guide, which covers copyright, fair use, permissions and citations in greater depth. The content of this guide is not intended to provide legal advice.
Best Practices for Using Copyrighted Material
Video: Elsa Loftis, Copyright and Fair Use, from Lynda.com
- Determin if the resource you are using is under copyright or in the public domain
- If under copyright, determine if your use of the copyrighted work is protected by the fair use clause
- If not protected by fair use, ask permission to use the work from the copyright holder (see permission section below)
- Always cite your sources, even if the work is in the public domain
Video: Elsa Loftis, "Visual Resources" from Lynda.com
- Limit the images you use to only those you need to illustrate your point
- The use of the image should be secondary to the point it intends to illustrate
- The size and resolution of the image should be only as large as is required to illustrate your point
- Extra consideration should be taken when using reproductions of born-digital works in a online environment
- You should strive toward the highest quality, and most accurate representations of the original work
- Your writing should provide attribution of the original work, and the location where the reproduction was acquired
It is a good idea to develop an resource management strategy to keep track of all your research materials and where you found them.
A citation management software like Zotero can help you organize your book citations, articles, visual resources, webpages, and video all in one place. It can also format bibliographies automatically (it's pretty amazing).
Check out the Barnard Zotero Guide for more information about Zotero and how to download the Zotero for Firefox plugin.
It is important to remember that web publishing is similar to print publishing, and you are required to provide accurate bibliographic citation information for all the sources you use in your work - including images.
When citing visual resources you will need the following information:
- Artist of the original work
- Title of the work
- Date the work was created
- Location of the original work
- Location where you found the reproduction (this can be a book, online museum collection, or third party database)
- Publishing information (if a website, the URL where the image was found)
Two excellent resouces for helping you format your citations are Purdue Online Writing Lab and Trinity College's CiteSource. Both of these resouces offer citation style information for a wide variety of resouce types.
Please Note: The citation style required for this class is Chicago 16th edition.
Captions in Chicago Citation Style:
Fig. 1 Élisabeth Louise Vigée Le Brun, La reine Marie-Antoinette dit à la Rose, 1783. Oil on canvas, 113 x 87 cm. Musée National des Châteaux de Versailles. Wikimedia Commons. http://commons.wikimedia.org.
If you wish to use material that is not in the public domain, or you have determined that your use of a work is not covered by fair use, you will need to secure permission from the rights holder. A rights holder could be an individual author or artist, a corporation, or a cultural institution like a museum, gallery, archive or library. The following are good steps to take when trying to secure permission:
- Identify the copyright holder. If you have found material on the open web it is often difficult to identify the true copyright holder. Likewise, sites like Flickr or Google Image Search, which bring together images from a variety of sources, may not provide true or up-to-date information about who holds the copyright of a particular image. It is best to seek out images from reputable image databases like Artstor or Alexander Street Press, or get them directly from the person or institution that holds the copyright.
- Write an Permissions and Licensing Request Letter. A good letter will include details about exactly what you intend to use and how it will be conveyed. Include:
- Who you are and your affiliation (in this case, Barnard College)
- What work specifically you intend to use.
- How you intend to use the work. For commercial purposes or academic? The entire work, or only a portion? How will the work will be distributed?
- When will the work be used? For how long?
- Why: Explain why you are contacting the person in question so they know that you believe them to be the rights holder.
- Keep a Record. Whether your permissions request is approved, ignored, or denied, it is important to keep a record of your requests and the rights holder's responses. If the request is approved you may need to refer back to their response to determine if a potential new use is covered by the existing agreement. Factors that limit use could be the duration of the use, format, size of the audience, as well for the preferred citation when crediting the rights holder.
Works cited for this section:
Aufderheide, Patricia and Peter Jaszi. Code of Best Practives in Fair Use for the Visual Arts. New York: College Art Association. 2015.
Bielstein, Susan M. Permissions, a Survival Guide: Blunt Talk about Art as Intellectual Property. Chicago: Chicago University Press. 2006.
Last updated 02/20/2017