"How To" Guide > Sharing Images > Copyright Issues
Copyright Considerations When Sharing Images
Copyright law is complicated and should not be taken lightly. However, some rules are clear and these provide significant latitude to pursue many photo and document preservation and sharing projects.
Please note that I am not an attorney. Therefore, the following should not be taken as legal advice, rather as a consolidation of readings on the subject. In this article, I provide links to a few additional copyright law summaries on the internet, including a link to the U.S. Copyright Office and their brochure on Copyright Basics.
I strongly advocate respecting copyright protection when any use of an image might impair the value of a work or a copyright owner's commercial interest.
There are many historical works that were never subject to copyright or the copyright protection has lapsed with the passage of time. Many of these images are eligible to be shared with no restrictions, and in many cases the original owners would likely be pleased to know that others are still finding uses and enjoyment in the images.
Copyright Basics
Copyright law is primarily intended to protect the value and commercial interest of a copyright owner. Therefore, rules concerning the use of images and copyright protection center on the following two questions:
1. Is the "work" currently protected by copyright? - Although copyright law has changed and become more complex over time, there are "works" produced in large chunks of identifiable periods of years that are not subject to copyright protection, even if they once were. If a photo, document, or other image is not protected by copyright, it is in the "public domain" and you are free to copy, distribute, and even sell the image.
2. If the work is copyright protected, would the use impair the value of the work or the owner's commercial interest? - Copyright law is in place to provide protection and remedies to copyright owners who feel harmed. If there is no harm, there is little reason for the copyright owner to be upset and seek legal remedies in the form of a copyright infringement suit.
Some Possible Scenarios
When you take a picture today at a family reunion you technically become a copyright owner of the image. However, it is unlikely that you would sue a relative for infringement when they use the emailed image in a family photo book. You will more likely be pleased that your image was included. In the same way, if a historical society is gifted a collection of family or community photos, it is likely that they are intended to be displayed, and to perhaps benefit the community in other ways the society may choose to use them.
When in doubt, it is often easier to obtain permission than forgiveness. In the case of donors to a historical society, or family member photos, permissions to use images broadly are normally readily available. In most cases, the owner is flattered to see the work shared and used for the enjoyment and benefit of others.
Other Scenarios
● If an image is copyright protected and has meaningful market value that is being actively exploited in a commercial way, it is more likely that a use of the image without permission will attract legal attention in the form of an infringement suit.
● If an image is clearly copyright protected and the commercial value of the image is modest, it is unlikely that non-commercial use would attract legal attention. A lower value also means that obtaining permission to use the image is probably easier and perhaps without cost.
● If the copyright status and commercial value are both unclear, common sense should be applied by balancing the importance of using the image, the nature of the use, and the extent of any possible harm to an unknown copyright holder.
Copyright Expirations and Public Domain
Works, including photographic images and documents are either copyright protected or in the "public domain". Public domain documents are free to use without permission. Public domain "works" may be reproduced, printed, displayed, shared, distributed, and sold. For more background on public domain visit The Stanford University Library site.
