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STILL
IMAGES
FREQUENTLY ASKED QUESTIONS
What
copyright registration form do I use to register a work of visual art?
A. In general works of visual art are registered using Form VA. Visit
the Copyright
Office Home page for details on registration. Form 40 and 40a
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Do
I need permission to use images that I find on the internet?
The medium (ie. print or electronic) does not make a difference. The
odds are excellent that anything you see on the Internet is copyrighted
and that using it without permission constitutes an infringement.
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Do
I need permission to use an image if I alter the image or use it in a
different medium?
Those uses are called derivative works and are among the exclusive rights
belonging to copyright owners. Unless the fair use exemption
applies (see the section on fair use below), if there is a copyright to
the image, you need permission to use it.
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Do
I need permission if I want to use only part of an image, not the whole
thing?
There is no exemption from copyright based on the percentage of the
image being used. Unless it fits under the fair use exemption,
you need permission.
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If
I can't identify or find the copyright owner to a work to get permission,
am I free to use it?
No, not any more than being unable to find a grocery store clerk
lets you walk out without paying for your order.
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If
I pay to have a portrait of myself painted or photographed, don't I have
the right to make copies?
No, not unless you contracted for the right to make copies. Like
owning a copy, being a commissioning party does not make you the owner
of a copyright.
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What
if I paid to have a photograph made to use in an advertising brochure
--- can't I use the photo for other things?
No. The commissioning party only has those rights that he or she has negotiated,
received permission, and paid for. All other rights generally belong to
the author of the work, no matter who paid to have the work created.
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What
is fair use?
Fair use is a limitation to all rights belonging to an artist under the
Copyright Act. The Copyright Act lists the various purposes for which
the reproduction of a particular work may be considered "fair," such as
criticism, comment, news reporting, teaching, scholarship, and research.
The Copyright
Act sets out four factors to be considered in determining whether or not
a particular use is fair:
(1) the purpose and character of the use, including whether such use is
of commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the
copyrighted work as a whole;
(4) the effect of the use upon the potential market for or value of the
copyrighted work.
The distinction between
"fair use" and infringement may be unclear and not easily defined. There
is no specific percent of a work of visual art that may safely be taken
without permission. Acknowledging the source of the copyrighted material
does not substitute for obtaining permission. Fair use is determined by
the courts on a case by case basis and there are no precise rules to determine
when the exemption applies. If there is any doubt, it is advisable to
consult an attorney.
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