Fulcrum by Richard Serra, London, England
NY Times Arts Dwell ARTstor Blog
behold allows you to browse flickr for images that are free to use and modify or circulate commercially. This search tool simplifies the process of determining limits of use while enabling the user to access a wide range of photographs taken and published by amateurs and professionals the world over.
Columbia University Libraries and Information Services has created the Copyright Advisory Office to address the relationship between copyright law and the research, teaching, and service activities of post-secondary education. The Office provides and will continue to provide access to copyright information as it evolves in response to increasingly complex methods of distributing information in order to help faculty members, librarians, administrators, students, and others learn and apply copyright principles of importance to their work. Currently, the Copyright Advisory Office hosts a number of pages that include a Copyright Quick Guide and examine issues such as fair use, appropriate use, licensing and more. Additional resources include a blog by Director Kenneth Crew exploring the appropriate application of copyright in real world scenarios.
Lincoln Specter at PC World, asks can you be sued for photographing people in a public space?
The answer depends on what you end up doing with your photograph.
You own the copyright to any pictures you take unless someone is paying you to take that photo. However, when that picture starts generating income, things get a little tricky. If you sell it to a newspaper, that’s considered fair use. But if you use the image in an advertisement or in a blog with advertisements, you’ve violated your subject’s privacy and he or she can definitely sue you.
The laws differ from state to state and vary depending on where the photograph was taken, where the subject lives, and where the photo was published.
Many lawyers recommend creating a model release. Take a look at this sample from the New York Institute of Photography.
The Citizen Media Law Project advocates for free speech in the online environment. Their Legal Guides describe the nuts and bolts of the Digital Millennium Copyright Act (DCMA), as well as intellectual property, copyright infringement, and fair use on the net.
While intellectual property and copyright law may be far from simple, Michael Brewer and the American Libraries Association Office for Information Technology Policy have created the Section 108 Spinner to make the stipulations of Section 108 of the U.S. Copyright Code as clear as possible. Section 108 permits libraries and archives, under specific circumstances including preservation, to make reproductions of works without obtaining permission from the copyright holder.
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