Organization > Committees > Intellectual Property Rights Resources
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
II. Resources Providing Guidance on Academic Use of Images Under US Law
II A. Resources on U.S. Doctrine of Fair Use
VRA Guidelines (Dynamic PDF) | (Printable Web Version)
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 Social Media
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)
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
Checklist for Compliance With the TEACH Act
II F. Resources on Orphan Works Bill
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 Information for Educators
III B. Other websites
Chilling Effects Clearinghouse
Canadian Heritage Information Network
Database Legislation Web site, Digital Future Coalition
Digital Images and Fair Use Web Sites (Compiled by Maryly Snow)
Electronic Frontier Foundation
IV. Relevant Articles and Other Written Materials
Copyright Law and Visual Resource Policy (Powerpoint, Georgia Harper, March 30, 2003)
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)
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
V. Primary Materials on US Copyright Law
V A. US Constitution
V B. US Code and Statutes
Copyright Act, Title 17 (October 2007)
Digital Millenium Copyright Act (US Copyright Office Summary)
Sony Bono Copyright Term Extension Act (pdf format), January 27, 1998
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)
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.
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
VIII. Archival Documents
VIII A. CONFU
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 Distance Learning
CONFU Guidelines for Educational Multimedia
CONFU Interlibrary Loan Summary of Discussion
CCUMC Fair Use Guidelines for Educational Multimedia
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)
VIII C. Other Documents
CCUMC Fair use Guidelines for Educational Multimedia
VRA Endorses NHA Principles (July 17, 1997) (Section B, 3)
VRA Expressed Non-Endorsement of WIPO Implementation Act
VRA Open Letter to USPTO regarding WIPO Treaties (November 22, 1996)
VRA Reaffirms Non-Endorsement of WIPO Implementation Act (February 27, 1997)
