Angela:

 

My university’s scholarly communication’s officer, a JD in copyright law, trained a group of librarians to be “first responders” in copyright issues (as opposed to the final authority).  So, while I’m not the last line in defense, I think it’s pretty clear:  he can use these images in an extensive collage without problem.  The transformative clause in the digital millennium copyright act protects him.  There’s always a “however” in copyright law (because almost all copyright is precedent based, not statute based).  That would be how much the original image is altered.  For example, taking a whole image and only photoshoping a little dog in the corner would not be transformative enough.  But, if he’s collaging the way most collages are, he’s safe.  Copyright in the US is largely based around remunerative factors.  If the image your student produced is transformative enough so that no one would use the transformed image in place of the original, then a court case is unlikely.  The ethical issue of telling the public where the images he used come from is separate, but close to my heart for other reasons.

 

If you don’t know CAA’s “Best Practices” guide, http://www.collegeart.org/programs/caa-fair-use/best-practices, keep this link.  It’s both for producers and users of images—the authors have spoken at ARLIS in past years—and is a great tool.

 

Because this is a legal question, I’m sure there could always be disagreement.  But I hope this “rule of thumb” works for the two of you.

 

Lee

[Sorensen, Duke University]

 

 

I have a patron who is a graduate student and he has a question about image attributions for digital images he uses in collages.  Basically, he wants to know 1) what he’s required to do about tracking down image attributions to include with his thesis and 2) how to cite these images which he’s manipulated into creating a new work.  Thanks for any advice.

 

Angela

 

Angela Weaver

Head, Art and Drama Libraries

University of Washington

Seattle, WA  98195

[log in to unmask]

206-685-3693 (Drama) 206-685-8562 (Art)

My personal pronouns are she/her/hers

 

This cosmic dance of bursting decadence and withheld permissions twists all our arms collectively, but if sweetness can win, and it can, then I'll still be here tomorrow to high-five you yesterday, my friend. Peace.

 

--Old Tart Toter on Adventure Time

 

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