"How To" Guide > Sharing Images > Copyright Issues
Copyright Considerations When Sharing Images
Preservation Copying Debate
Copyright law contains some protective exceptions for libraries, educators, and "archives". The reproduction exceptions granted to libraries and archives are quite restricted in types of eligible materials, and apply only to preservation activities. The preservation copying exceptions apply primarily to items that are out of print, at risk of loss, not replaceable at any price, for research, and other limiting criteria.
I mention these exceptions since they appear to reflect a growing recognition of the need to copy items at risk for the "public good", and when not being reproduced for profit. These exceptions appear to help preservationists in building a case that duplication for preservation purposes may qualify as a "fair use". In any case, common sense would suggest that preservation related duplication activities that do not generate a profit and do not deprive anyone else of making a profit are unlikely to draw legal attention.
Divisible Copyright Rights and Permissions
In recognition that a copyright owner may wish to control distribution and display in certain ways to maximize a financial return, copyright law covers several separate rights that can be marketed, sold, and transferred individually or in combination.
These include:
1. Reproduction rights
2. Distribution rights
3. Rights to create adaptations
4. Performance and Display rights
The copyright owner may sell these rights separately or in combination to maximize business results. A classic example is the motion picture industry, which will sell rights to theaters to "display" a motion picture for certain periods of time, sell distribution rights in different parts of the world, followed by DVD reproduction and distribution rights, followed by television rights, etc.
It is possible for copyright owners to "license" some of the rights on agreed terms or to "assign" all rights to a work to someone else.
Copyrights and Family Photos and Documents
If you are an individual working with a collection of family photos and other family generated documents, you typically have little to be concerned about, as you probably own the rights to most of the photos and documents and/or there is little commercial value in the images.
If your project includes documents published by others, such as postcards, newspaper clippings, and perhaps studio photographs, you should be cautious about the use to which you put the images. The reproduction of an image published by someone else may technically "infringe" on someone's rights under copyright law. However, it is unlikely that anyone will feel "damaged" unless you use the image to seek some form of gain.
For example, in the case of a studio photograph, the studio's commercial interest in the image is the potential sale of additional prints. Therefore, an indication of a studio's copyright will most often prevent a local copy shop from providing a copy or scan.
Note that the studio photographs appearing in this website are all dated prior to 1923. Although I have not done the research, I suspect that most or all of the studios are out of business, and the owners of the studios at the time the pictures were taken are deceased.
Historical Society Photos and Documents
In the case of community historical societies, members can often identify the source of collection images, and an effort can be made to obtain permission to use copyrighted images as the need may arise.
An even better habit to form is to clarify any copyright ownership and possible assignment of rights when collection donations or acquisitions occur. If a historical society can effectively identify which of their images are in the public domain and any rights or permissions associated with copyrighted images, the society has much greater flexibility in finding creative ways to share collection images with the community.
