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Copyright at Carleton

Image Decision Tool

Image Decision Tool

What kind of original image do you have?
- Digital image
- Non-digital image
Why this matters: Digital images are protected under the Digital Millenium Copyright Act (DMCA), so the rules governing their use tend to be stricter than non-digital images.
Is the subject of the image protected by copyright?
- Yes
- No
Protected: works of art published 1928 or later; architecture created 1990 or later.

Not protected: Art/architecture prior to the above dates; subjects that are neither art nor architecture

Another helpful tool: VRAweb.com’s Copy Photography Computator
When and by whom was the image created?
- I created it
- Someone else before 1923
- Someone else 1923 – present
No restrictions on use.

You’re fine!

Your responses indicate that either you are the creator of the image or the image is in the public domain. You may use the image any way you wish.
Is a licensed copy available?
- Yes
- No
Sources of licensed images include: ARTstor*, stock-photo web sites, and other third-party vendors.

*Licensed by Gould Library
You may use a licensed copy in any way permitted by the licensing terms.
Does your intended use qualify as Fair Use?
- Yes
- No
For help determining Fair Use: Fair Use Evaluator
OK!

You may use the work under the Fair Use provision.
Stop!

Using this work may infringe on the rights of the copyright owner.

If you have no license or Fair Use exclusion, you should seek permission before using the work.

If refused, consider some alternatives:
- Adjust your use and re-test for Fair Use.
- Use a different work.
- Order copies from original source.
- Seek legal advice.
Phone
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Email
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This decision tree is intended as a helpful educational resource as you make decisions about your rights to use images created by others. It is not intended as a substitute for expert legal advice. If in doubt about the copyright status of materials you wish to use or reproduce, please contact the copyright group.

Copyright Home

Copyright at Carleton pages maintained by Kathryn Brooks

This page was last updated on 15 November 2021

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