SI Draft Image Permission Form INFORMATION TO HELP REDUCE IMAGE USE FEES IMAGE PUBLICATION USE EVALUATION GUIDELINE Fair Use Evaluation July 2001 Draft. When approved by CAA’s Board of Directors, this document and guideline will be an amendment to CAA’s existing statement on Reproduction Rights in Scholarly and Educational Publishing which is on the CAA’s website. The present document has been reviewed by the Committee on Intellectual Property and incorporates comments from other individuals including those at the 3 March 2001 CAA-NINCH Copyright Town Meeting. INFORMATION TO HELP REDUCE IMAGE USE FEES Using images for personal research does not require paying fees to the holders of the intellectual property rights in the images. However, many writers pay fees to museums, archives, and libraries for image use rights in scholarly publications that they might not be charged if the organization providing the image knew more about how the image was to be used. By fully informing the organization about the proposed use, fees could possibly be reduced or waived. Often, if there is little or no income from a product/publication and the purpose is scholarly, the fee will be nominal or waived. An image used as an illustration in a scholarly article in a non-commercial journal with a distribution of under a few thousand copies usually would not be charged the same as a full color illustration for the cover of a glossy coffee table book with little text. The following guideline, which should be adapted for specific purposes, can be used to give the image provider specific information on how the requester will use the image. For organizations within the United States, the user may also claim the right to use the image based on the fair use principle embodied in Section 107 of the U. S. Copyright Act. A statement of the elements of fair use is included. More detailed information allows the image provider to make a fair judgement about fees to be charged, if any. This guideline may be useful when writing to museums, etc. in the United States, but copyright laws in most other countries provide much more limited user access provisions. If you decide to make use of the following document to support a school related project, it would be useful to submit the letter you plan to send out to the school’s legal office for additional suggestions and vetting. Ideally, when a scholar contracts with a publisher or distributer, rights acquisition would be the responsibility of the publisher or distributer. As this frequently is not the case, providing the following information to the rights holding institution will allow for the correct or even no fee to be charged. Please note, commercial rights holding organizations and, more frequently now, public organizations will provide an image for research with the contractual understanding that it will not be published without their further permission and possibly the payment of a fee. Always confirm with the source of the image you plan to use that they own the rights for the object and the image. Permission may have to come from multiple individuals or organizations. If the user has a satisfactory image unencumbered by contractual limits to access, fair use provisions of the present U. S. copyright laws may allow for certain types of use without the need to request permission or payment of a fee. Please note, charges for production and delivery of the photograph/image itself are separate from this discussion. To acquire permission to publish/distribute an image from a museum, library, archive, etc., it should speed up the process and provide for the basis of an accurate charge, if an individual would provide to the rights holder as much of the following information as possible object and rights identification - name of maker/creator, title, accession or collection number, donor name, source where image was seen, a photocopy of the image if available, other rights holders if needed. user information - contact name, organization, street and electronic addresses, telephone and fax numbers. Commercial status of the product and firm which will produce/distribute the product - commercial, non-profit/non-commercial entity, or an individual. * proposed use - be as specific as possible - describe the publication/product and means of production/distribution. Will it be a book, journal article, Intranet or Internet display, commercial television broadcast, feature film, etc.? Will delivery to the end user be via commercial means (sold to the public for a profit) or non-commercial means (given away for free or nominal charge)? How many copies will be created? What will be the cost of product/publication to the purchaser? For film or video, how long will the image be presented and for how long a period will the product be distributed? For Internet display, what portion of a screen size and resolution will the image occupy and for what period of time will it be distributed or displayed? Into how many languages or countries will the product be translated or distributed(e.g. English language and world-wide rights or English and Spanish for US distribution only)? Will the image be for non-editorial (use on a cover or with little more than an identifying caption) or editorial use (where the text informs one about the image)? A publication with more limited audience and increased ratio of text to images is usually charged a lower fee. If the image is from a source within the United States and you think the proposed image use substantially meets the elements of fair use as provided for by U. S. Copyright law, state why and ask for the fee to be waived. The elements are: purpose and character of the use (use that is more of a commercial nature is less fair than nonprofit, educational), nature of the copyrighted work (fiction has more protection than nonfiction, except where first publication of original work is concerned), amount (how much of a work or body of work is copied - less being more fair use [since a detail rarely captures the portrayal of a painting or print this means a very limited number of an artist’s works might be presented if in small format]), and effect on the market for the original (copying out of print or low resolution images are more fair use than creating an image which actively competes with the original).   July 2001 Draft. IMAGE PUBLICATION USE EVALUATION GUIDELINE (This is a guideline to be adapted for individual use when requesting the use of images from a holder of rights for those images. The use granted may be based on contract or copyright law depending on what rights the owner possesses and the access being granted. A review by an organization’s legal office is recommended.) To: (Rights holder) I wish to use the image of the following object(s) for the following purpose (not for personal research). Please advise me if the fee may be waived for fair use purposes, or if not, about the appropriate fee charged for such use. Object and Rights Identification Name of maker/creator: Object Title: Accession, catalog, or collection number; Donor name: The source where image was seen: (I have/have not included a photocopy of the image.) Image rights provider: Please provide a credit line for the image. If you are not the rights holder for the object, please provide me with the name and address of the rights holder. User Information Contact name: Organization name: Address: Telephone: Fax: E-mail: Producer/Distributor Information (if different) Contact name: Organization name: Address: Telephone: Fax: E-mail: The producer/distributor is ___An Individual ___An Organization ___Commercial ___ Non-commercial ___Academic ___ General Audience Trade Publisher Proposed Use The image will be used for: _____ a non-editorial use (on cover of publication, CD/video, etc. or with little more than an identifying caption) _____ an editorial use (the text informs one about the image). The publication/product will be: ____ a book ____ a journal article ____ pages in length, _____ number of copies or size edition. _____ an Internet display _____ % of the screen for Internet display _____ period of time for display _____ a commercial television broadcast _____ time on screen _____ number of times to be shown or distribution period _____ feature film _____ time on screen _____ number of times to be shown or distribution period _____ video _____ time on screen _____ number of copies to be produced _____ years of planned distribution The means of delivery to end user will be via: ____ commercial means [sold to the public for a profit] ____ non-commercial [given away for free or nominal charge] For all uses, list countries and/or languages for distribution or worldwide (e.g., English language and world-wide rights or English and Spanish for US distribution): July 2001 Draft. Draft 3 Fair Use Evaluation (If you think your proposed use of an image meets fair use criteria, inform the rights holder. A thorough evaluation is the basis of a solid claim.) The following evaluation for determining fair use as defined by U. S. copyright statue has been applied to my request for permission to publish the above images. Based on the facts provided, I request that all usage fees be waived because the proposed use substantially meets the criteria for fair use. A. Purpose and character of the use (use is more nonprofit educational than commercial): ___Product using image is non-profit or sold for a nominal fee covering costs. Provide specifics. ___Product using image is educational in purpose; text informs reader, not just for identification. Provide specifics. ___Product using image is commentary or criticism. Provide specifics. B. Nature of the copyrighted work (use is more non-fiction than has fiction, out of print and not the first publication of an original work): ___Work to be used is primarily non-fiction. Provide specifics. ___Work to be used is not its first publication. Provide specifics. ___Work to be used is out of print. Provide specifics. C. Amount (relatively little of the work is copied - a detail or only a very limited number of an artist’s works in small format will be reproduced) : ___Works depicted are a limited quantity of the artist’s oeuvre or the scope of a large work.. Provide specifics. ___Work depicted is considerably reduced in size from the original. Provide specifics. ___Work depicted is of reduced definition that original. Provide specifics. D. Effect on the market for the original (original image is out of print or proposed product will show low resolution images, not of a quality to be confused with the original): ___Work created will not be confused with original. Provide specifics. ___Work created will be part of an educational, not commercial activity. Provide specifics. ___Work created will not be sold as an alternative to the original. Provide specifics.