Slide & Digital Image Copyrights
The Library's Image Services provides slides and digital images for the educational uses of teaching, study or research and related activities in support of the Institute's curriculum.
Slides and digital images may be displayed, downloaded, transmitted, printed and used by faculty, students and staff for: classroom teaching, in-class presentations, personal study, course review and testing, course assignments and other degree requirements, inclusion in unpublished student papers and portfolios, course websites (not publicly accessible) for review and study purposes, and for professional presentations at conferences, seminars, workshops.
Slides - notice of copyright restrictions
Slides in the library collection are copyrighted and may not be reproduced in any format, for any purpose, without prior agreement with the publisher, vendor or other copyright holder.
It is implicit in the lending of slides that the borrower agrees not to authorize duplication or reproduction, and that in using borrowed slide material inappropriately may be liable for any copyright infringement.
Digital Images - notice of copyright restrictions
Digital images may not be republished, redistributed, displayed on unrestricted web sites, used for any commercial or business-related purposes, fundraising, marketing or public relations without the permission of the copyright owner and/or licensing agency.
An individual who does not comply with the copyright laws and follow the usage guidelines may be liable for any copyright infringement.
For more information ask the Visual Arts Librarian, Karen Baxter.
The Library licenses the following image database: ARTstor.
For Terms & Conditions of Use, please read ARTstor's Quick Guide.
A. Acquisition and Use
The Library Image Services acquires visual resources by purchase, license, donation, and copystand photography as follows:
1. We will purchase, license, or otherwise legally acquire the following in developing a permanent archive images:
- slides or digital files from museums, galleries or other such institutions
- slides or digital files from vendors and image providers
- slides or digital files distributed on a free-use basis through educational or professional institutions, organizations and consortia
- original on-site photography produced for sale by professional or highly skilled photographers.
2. Gifts and donations may be accepted at the discretion of the Visual Arts Librarian. Their use may be subject to restrictions or requirements by the donors. Donations of materials to which the donor does not hold the rights will be accepted only if accurate documentation of their source, including rights holders, can be provided.
3. Images created by copystand photography and scanning from published materials for inclusion in the permanent archive are subject to the following considerations:
- Images of suitable quality are not readily available at a reasonable cost and in a reasonable time from any of the options listed above.
- Images will not be shared between or among other educational institutions if such use is prohibited by the terms of their acquisition.
- Images will be used for comment, criticism, review, analysis, discussion, or other similar purpose associated with instruction or scholarship.
- Images will be used only for purposes that are both nonprofit and educational.
- If the above conditions can be met, it is likely that making images and digital files from published materials will be within "Fair Use" as outlined in Section 107 of the Copyright Act of 1976.
Uses outside the understood parameters described above, such as use on an unrestricted website or in print publications, including scholarly publications, are not covered in this statement. Such uses to be considered fair must be judged independently and individually, using the four-factor analysis described in Section 107 of the Copyright Act of 1976. The four factors to be considered in determining if a use is a "Fair Use" are: (1) purpose and character of the use; (2) nature of the copyrighted work; (3) amount and substantiality of the material used; and (4) the effect on the market. It is the responsibility of the individual to seek permission from the copyright holder for these uses.
4. Public Domain images (those in which neither the underlying work of art documented nor the photographic reproduction itself is subject to copyright) may be safely acquired by any appropriate means, including copystand photography or scanning. Use of such images is unrestricted.
To the extent that such information is available, all images acquired will be identified with the following documentation, which will be available to collection users:
- source of image
- year of acquisition
- in the case of a purchased or licensed image, the provider's inventory or identifying number or code
While the traditional means of display for such image archives has been through projection, or otherwise viewing the physical surrogate (photograph, slide), the introduction of new technologies, specifically the digital environment of the Internet and the World Wide Web has expanded the display options. There is little in the way of legal precedent, code, or case law that addresses the issues particular to educational image archives. However, it seems reasonable to expect that digital materials should be available to the same user group that the analog collection serves, for the same purposes.
Analog materials acquired as outlined above may be used in digital format as follows:
- Images purchased or licensed are subject to the conditions specified at the time of purchase or according to license agreement.
- Gifts and donations are subject to restrictions made at the time of contribution. In addition, a gift of images purchased by the donor may be subject to the conditions of the original purchase.
- Images made by copystand photography may be digitized and used digitally according to the same criteria under which they were originally acquired for analog use.
These guidelines will be posted on the CalArts Library web site as well as in the room housing the collections. Web sites using digital images from the collections will include a general statement about proper use of copyrighted materials (see below) in addition to copyright notices for individual images.
"Digital image resources are copyrighted and are made available only for educational use of teaching, study or research and related activities. Images may be downloaded, transmitted, and printed out for personal study, for classroom teaching and study, for use in course assignments and other degree requirements, for inclusion in unpublished student portfolios, for course web-sites (not publicly accessible) for review and study purposes, and for professional presentations at conferences, seminars, workshops.
Images may not be republished, redistributed, displayed on unrestricted web sites, used for any commercial or business-related purposes, fundraising, marketing or public relations without the permission of the copyright owner and/or licensing agency.
An individual who does not comply with the copyright laws and follow the usage guidelines is liable for any copyright infringement."
E. Consequences of Infringement
(From Library & Information Resources Network Services Network Policy)
Access to CalArts network resources, whether local or remote, by CalArts faculty, staff, and students requires that individual users act responsibly and courteously, respecting the rights of other users, the integrity of the information systems and all related resources, included the terms of licensed agreements of those resources. Complaints regarding misuse of CalArts network resources will be directed to those responsible for taking appropriate disciplinary actions. Other violations will be documented and referred to the Office of Student Affairs or the appropriate CalArts administrative authority. Penalties range from reprimand, to loss of account, to referral to Institute, state and/or federal authorities.
An individual who does not comply with the copyright laws and follow institutional guidelines may be personally liable for some or all of the damages associated with copyright infringement due to his or her activities.
Adherence to guidelines does not shield an individual faculty or staff member from an action for copyright infringement. An action for copyright infringement may be brought against an individual faculty or staff member as well as his/her institution. An individual who does not comply with the copyright laws and follow institutional guidelines may be personally liable for some or all of the damages associated with copyright infringement due to his or her activities.
The Visual Arts Librarian and the Image Services manager are responsible for carrying out the principles outlined above. When "Fair Use" is deemed not to apply, permissions for scanning images in support of the curriculum will be sought from image vendors or other rights holders.
7/30/03; revised 7/21/05