Statement on the Fair Use of
Images
PRESS RELEASE
December 7, 2011
Contact:
Visual Resources Association
Intellectual Property Rights Committee
VISUAL RESOURCES ASSOCIATION RELEASES
STATEMENT ON THE
FAIR USE OF IMAGES FOR TEACHING, RESEARCH, AND STUDY
The Visual Resources
Association, the international
organization of image media professionals dedicated to furthering
research and education in the field of image management, has released
a Statement on the Fair Use of Images for Teaching, Research, and
Study. The Statement describes six uses of copyrighted still images
that the VRA believes fall within the U.S. doctrine of fair use. The
six uses are: 1) preservation (storing images for repeated use in a
teaching context and transferring images to new formats); 2) use of
images for teaching purposes; 3) use of images (both large,
high-resolution images and thumbnails) on course websites and in other
online study materials; 4) adaptations of images for teaching and
classroom work by students; 5) sharing images among educational and
cultural institutions to facilitate teaching and study; and 6)
reproduction of images in theses and dissertations.
This Statement on the Fair Use of Images draws from the academic
community's longstanding practice of relying on fair use for teaching
and learning, and highlights one area - the use of images in theses
and dissertations - where the Association believes the community
should return to its previous practices of being more assertive. The
Statement also relies heavily on recent fair use jurisprudence and
aims to provide image users within the educational and cultural
heritage communities with greater certainty when relying on fair
use.
The Statement was developed by the VRA's Intellectual Property Rights
Committee, with the guidance of a Legal Advisory Committee of
preeminent copyright scholars and legal experts, whose members
include: Robert W. Clarida (Cowan, Liebowitz & Latman), Jeffrey P.
Cunard (Debevoise & Plimpton LLP), Jackie Ewenstein (Ewenstein &
Young LLP), Georgia K. Harper (Scholarly Communications Advisor, The
University Libraries, University of Texas at Austin), Virginia
Rutledge (PIPE Arts Group) and Jule Sigall (Associate General Counsel
- Copyright, Microsoft; Formerly Associate Register for Policy &
International Affairs, U.S. Copyright Office).
Maureen Burns, VRA President, noted the Association's aims in
producing the Statement: "An important aspect of VRA's mission is to
inform educational image users about, and to help form consensus
around, best practices in the field of visual resources. These
guidelines reflect a consensus (albeit largely unwritten to date)
within the Association - and by extension the broader educational
community - that the practices described within the guidelines are
reasonable assertions of fair use. Our hope is that this document will
help to ensure that images are robustly and widely used to facilitate
uninhibited academic inquiry."
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For more information about the Statement,
please visit the Intellectual Property Rights Committee page on the
VRA website at
http://www.vraweb.org or go directly
to the document here:
http://www.vraweb.org/organization/pdf/VRAFairUseGuidelinesFinal.pdf
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