Intellectual Property Rights (IPR) and Copyright

Resources Providing Guidance on Academic Use of Images

I. Resources Produced by the VRA-IPR Committee

i. Digital Image Rights Computator

ii. Image Collection Guidelines

iii. Copy Photography Computator

iv. Model Agreements for the Use of Donated Images and Image Collections

v. VRA Statement on Fair Use (updated June 2013)

II. Resources Providing Guidance on Academic Use of Images Under US Law

II A. Resources on U.S. Doctrine of Fair Use

VRA Statement on Fair Use for Teaching, Research & Study (PDF)
(Executive Summary) (PDF)

College Art Association’s Code of Best Practices in Fair Use for the Visual Arts

U.S. Copyright Office Website, Fair Use

Educational Fair Use Today, Jonathan Band, Association of Research Libraries

Checklist for Conducting a Fair Use Analysis–Cornell Fair Use Checklist

Columbia University Fair Use Checklist

Stanford University Libraries, Copyright and Fair Use

About Fair Use–Tufts University

Codes of Best Practices, American University Center for Media and Social Impact

II B. Resources on US Decision of Bridgeman v. Corel and Related Case Law

Bridgeman v. Corel, 25 F. Supp.2d 421 (S.D.N.Y. 1998), original decision

Bridgeman v. Corel, 36 F. Supp.2d 191 (S.D.N.Y. 1999), on rehearing

Excerpts from 1999 American Association of Museums Annual Meeting on Bridgeman

Meshworks v. Toyota (10th Circuit Opinion Supporting Bridgeman)

William Patry Blog on Meshwerks Decision

II C. Resources on Public Domain and Copyright Expiration/Duration

Chart Detailing Copyright Duration in the United States (Peter Hirtle)

When U.S. Works Pass into the Public Domain (Laura N. Gasaway)

Stanford University Libraries Copyright and Fair Use, Ch. 8, The Public Domain

II D. Architectural Works (and Photographs of Architectural Works)

US Copyright Law, Section 120, Scope of Exclusive Rights in Architectural Works

II E. TEACH Act Resources

ALA website

Checklist for Compliance With the TEACH Act

Kenny Crews article on the TEACH Act

TEACH Act Comparison Chart (Laura N. Gasaway)

II F. Resources on Orphan Works Bill

VRA Orphan Works letter (March 25, 2005)

Glushko Samuelson Intellectual Property Law Clinic response to the Notice of Inquiry on the issue of “Orphan Works” (March 24, 2005)

III. General Resources on Copyright Law and Its Applicability to the Educational Setting

III A. University Websites

Ball State University, University Copyright

Baruch College, Interactive Guide to Using Copyrighted Media in Your Courses

Brown University Copyright and Fair Use

Brigham Young University, Copyright Licensing Office

Columbia University Copyright Advisory Office

Copyright Advisory Network, American Library Association

North Carolina State University Libraries Resource

Purdue University Copyright Office

Reed College, Copyright Guide to Using Digital Materials in Courses

Stanford University Libraries Copyright and Fair Use

University of Maryland University College Current Issues and Resources

University of Minnesota Copyright Information and Education

University of Washington Copyright Resource Guide

III B. Other websites

Chilling Effects Clearinghouse

Canadian Heritage Information Network

Copyright and Arts Issues

Database Legislation Web site, Digital Future Coalition

Digital Images and Fair Use Web Sites (Compiled by Maryly Snow)

Electronic Frontier Foundation

Internet Library of Law and Court Decisions

Library Law

National Humanities Alliance (NHA), Basic Principles for Managing Intellectual Property in the Digital Environment (March 24, 1997) Archived Via Wayback Machine

Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works

Section 108 Study Group

IV. Relevant Articles and Other Written Materials

Copyright Law and Visual Resource Policy (Powerpoint, Georgia Harper, March 30, 2003)

Digital Images and Fair Use Web Sites (Maryly Snow, presented a the NINCH Fair Use Town Meeting, Portland, Oregon, September 27, 1997)

Fair Use or Foul Play? The Digital Debate for Visual Resources Collections (Virginia M. G. Hall, November 7, 1997)

Intellectual Property: The Attack on Public Space in Cyberspace (Howard Besser), March 26, 2001

Intellectual Property Rights in the Digital Age: An Overview (Virginia M. G. Hall)

Susan M. Bielstein, Permissions, A Survival Guide: Blunt Talk about Art as Intellectual Property (Chicago and London: University of Chicago Press, 2006)

Rebecca Tushnet 43 (B)log, Bridgeman v. Corel, 9 Years On

Gretchen Wagner, Sharing Visual Arts Images for Educational Use: Finding a New Angle of Repose

TEACH Act Becomes Law (2002)

V. Primary Materials on US Copyright Law

V A. US Constitution

Constitution of the United States

V B. US Code and Statutes

Copyright Act, Title 17 (October 2007)

Digital Millenium Copyright Act (US Copyright Office Summary)

Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works

Sony Bono Copyright Term Extension Act (pdf format), January 27, 1998

Visual Artists Rights Act of 1990, Section 106A

V C. Relevant US Cases

Bridgeman v. Corel, 25 F. Supp.2d 421 (S.D.N.Y. 1998), original decision

Bridgeman v. Corel, 36 F. Supp.2d 191 (S.D.N.Y. 1999), on rehearing

Kelly v. Arriba Soft, 336 F.3d 811 (9th Cir. 1999)

Bill Graham Archives v. Dorling Kindersley, 448 F.3d 605 (2d Cir. 2006)

VI. Primary Materials On Canadian Copyright Laws

VI A. Statutes and Legislation

Canadian Copyright Act (R.S., 1985, c. C-42 )

The original Copyright Act of 1924 was amended in 1988 (34th Parliament 1st session)

Act to amend the Copyright Act (Bill C-32), 35th Parliament, 2nd Session (February 27, 1996 – April 27, 1997)

Bill C-60, An Act to Amend the Copyright Act and to amend other Acts in consequence thereof. (Dead 2005)

This would have amended the Copyright Act to implement the provisions of the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, to clarify the liability of network service providers, to facilitate technology-enhanced learning and interlibrary loans, and to update certain other provisions of the Act.

Copyright Policy Branch

Chronology of Canadian Copyright Law

VI B. Relevant Cases

CCH Canadian Ltd. v. Law Society of Upper Canada, [2004] 1 S.C.R. 339, 2004 SCC 13

VII. International Treaties and Conventions (EU, BERNE and WIPO)

Berne Convention for the Protection of Literary and Artistic Works

Universal Copyright Convention of 1952, revised 1971

Uruguay Round Agreements Act of 1994

WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), 1995

WIPO Copyright Treaty of 1996

VIII. Archival Documents


During and after enactment of the 1976 U.S. Copyright Act several fair use guidelines emerged. These guidelines were created as “safe harbor” standards by interested stakeholders representing a variety of interests. Related to the Copyright Act of 1976, Congress included in H.R. 94-1476 an initial set of guidelines, Guidelines for Classroom Copying in Not-for-Profit Educational Institutions with Respect to Books and Periodicals. During later years, the Conference on Fair Use (CONFU) was established to help resolve copyright issues within emerging technology. CONFU released draft guidelines on distance education, multimedia, images, electronic reserve services in libraries, and interlibrary loan. No consensus agreement has been achieved surrounding CONFU guidelines and they remain in draft. In referring to the guidelines, it is important to note they are not the law, were explicitly rejected by library associations and others, and often express minimum standards for fair use.They are provided here for reference and information.

Conference on Fair Use (CONFU) Final Report, United States Patent and Trademark Office

CONFU Guidelines for Digital Image Archives

CONFU Guidelines for Digital Image Archives

CONFU Guidelines for Digital Image Archives

CONFU Guidelines for Digital Image Archives

CCUMC Fair Use Guidelines for Educational Multimedia

CONFU Guidelines for Digital Image Archives

CONFU Guidelines for Digital Image Archives

The CONFU Digital Image and Multimedia Guidelines: The Consequences for Libraries and Educators by Christine Sundt, April 4, 1997

VIII B. VRA Statements/Letters

VRA IPR Committee Recommendation Letter (April 24, 1997)

VRA Open Letter to Peter Fowler (May 7, 1997)

VRA Press Release. CONFU Guidelines for Image Archives (February 17, 1997)

VRA Position Statement on CONFU. Guidelines for Digital Images (November 22, 1996)

VRA Public Hearings Statement. Sandra C.Walker, VRA President (September 22, 1994)

VRA Statement for Fair Use Conference

A Balancing Act: Copyright in the Electric Age

Final CONFU Report from VRA IPR Committee (May 19, 1997)

VIII C. Other Documents

Basic Principles for Managing Intellectual Property in the Digital Environment. National Humanities Alliance (July 17, 1997)

CCUMC Fair use Guidelines for Educational Multimedia

Copyright Law in the Digital World: Fair Use, Education and Libraries after CONFU. Barbara Anderson (September 27, 1997) (Section C, 4)

VRA Endorses NHA Principles (July 17, 1997) (Section B, 3)

VRA Expressed Non-Endorsement of WIPO Implementation Act

VRA Letter To Senator Ashcroft. Digital Copyright Clarification and Technology Act of 1997 (S 1146) September 10, 1997 (Section B, 10)

VRA Open Letter to USPTO regarding WIPO Treaties (November 22, 1996)

VRA Oral Testimony Regarding Distance Learning, Library of Congress Public Hearings, Washington, DC (January 26, 1999)

VRA Reaffirms Non-Endorsement of WIPO Implementation Act (February 27, 1997)

VRA Statement for Public Hearings, Washington, DC (as presented by Sandra Walker, VRA President, September 22, 1994)

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