Part IV - Digital Images
The following guidelines are derived from the CONFU (Conference on Fair Use) Interim Reportâs draft of the Educational Fair Use Guidelines for Digital Images. The complete text of the CONFU Guidelines can be found on the Internet at: https://www.uspto.gov/sites/default/files/documents/confurep_0.pdf
These guidelines DO NOT apply to images acquired in digital form or to those in the public domain.
Newly Acquired Analog Visual Images
- Only lawfully acquired copyrighted analog images (including original visual images, reproductions, published reproductions, and copies of published reproductions) may be digitized UNLESS such images are readily available in usable digital form for purchase or license at a fair price. Images that are available in usable digital form should not be digitized for addition to an institutional image collection without permission.
- Where the rights holder of an image is UNKNOWN, a digitized image may be used for up to three years, provided that reasonable inquiry (see CONFU Report) is conducted by the institution seeking permission to digitize, retain and reuse the image. If, after three years, Skidmore is unable to identify sufficient information to seek permission, any further use is subject to the general Fair Use Guidelines (see Appendix A).
- Images may be digitized for spontaneous use if the inspiration and decision to use the work and the moment of its use are so close in time that it would be unreasonable to expect a timely request for permission, but they may not be retained in the institutionâs image collection.
- Specific images may be subject to a license or a contract, which may take precedence over these guidelines.
- When digitizing and using images from a single source such as a published compilation (including books or slide sets), or from individual frames from motion pictures or other audiovisual works, be aware that fair use limits the number and substantiality (usually not more than 10%) of the images that may be used from a single source.
- It is appropriate to use images in their entirety in order to respect the integrity of the original visual image. Portions of the image may be used to highlight certain details as long as the full image is linked to the portion.
- In order to maintain the integrity of copyrighted works, educators, scholars, and students are advised to exercise care when making any alterations and to note the nature of the changes made.
- Images may be displayed on a campus network for if they are accompanied by a notice stating that the images shall not be downloaded, copied, retained, printed, shared, modified, or otherwise used, except as provided for in the permitted educational uses under these guidelines.
- Access to, display or distribution of images digitized under these guidelines, including thumbnail images, is not permitted beyond the Skidmore network.
- Educators, scholars and students should credit the sources and display the copyright with any copyright information shown in the original source, including adequately identifying the source of the work, giving full bibliographic description when available or citing the electronic address if the work is from a networked resource.
Creating Thumbnail Images for Visual Catalogs
- An educational institution may create thumbnail images of lawfully acquired images for inclusion in a visual catalog and these may be displayed on the campus network and accessed by educators, scholars and students affiliated with Skidmore. There is no permission to display these images beyond Skidmore's own campus network (even for educational purposes).
Course Compilations of Digital Images
- Faculty may develop a compilation of images for use in the classroom, after-class review, or directed study.
- These may be displayed on the network as long as there are technological limitations (such as a password) restricting access only to students enrolled in the course.
- The images may be displayed on the network only during the term in which the course is given. After that they may be stored in digital form while permission is being sought, but the instructor must seek permission to reuse the images after the initial use.
- If permission is not received, any use outside the scope of these guidelines is subject to the general Fair Use Guidelines. (See Appendix A.)
Use of Images for Peer Conferences and Publications
- Educators, scholars, and students may use or display digital images in connection with lectures or presentations in their fields, including uses at non-commercial professional development seminars, workshops and conferences.
- Images should not be reproduced for publications in print or digital form without seeking permission. Before publishing images under fair use, even for scholarly or critical purposes, scholars and scholarly publishers should conduct the four-factor fair use analysis.
Student use of Digitized Images
- Use digital images in an academic course assignment such as a term paper or a thesis and in the fulfillment of degree requirements.
- Publicly display their academic work incorporating digital images in courses for which they are registered and during formal critiques at a non-profit educational institution.
- Retain their academic work in their personal portfolios for later uses such as graduate school and employment applications.
- Other student uses are outside the scope of these guidelines and are subject to the four-factor fair use analysis (see Appendix A).
Pre-Existing Analog Collections
- Skidmore educators, scholars, and students may digitize images from pre-existing analog image collections during a period of 7 years from the time when one first digitizes an analog image and they may begin to use those images during this transition period to support educational uses under these guidelines. Simultaneously, they should begin to seek permission to digitize, retain and reuse all digitized images.
- This should not be interpreted as sanctioning systematic copying from Skidmoreâs collection of books, films or periodicals - but only its analog image collection (slides and reproductions).
- If the College is unable to identify sufficient information to seek permission, continued retention and use is subject to the four-factor fair use guidelines.
- All other guidelines pertaining to digital images stated above (except the time limit for retention) apply to pre-exiting analog collections, as well.