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Dear Angela, I think Lee's response is great! I would also be prepared to impart some ethical questions about what images are being sourced/appropriated. Alex Watkins of UC Boulder has presented at conferences about this, and his article is here: https://scholar.colorado.edu/cgi/viewcontent.cgi?article=1083&context=libr_facpapers Your question made me think about a situation in 2015, where an MFA student appropriated another photographer's work in his thesis show; he was legally in the clear, but the original artists were very unhappy. (The original photo, of a trans woman, was made by 2 queer artists, and then was appropriated by a white male, pointing to deeper social issues of privilege and representation...) See: https://i-d.vice.com/en_uk/article/j5mamb/queer-artists-photography-appropriated-by-yale-graduate Take care, Annie Sollinger UMass Amherst On Tue, Jan 9, 2018 at 8:10 AM, Lee Sorensen <[log in to unmask]> wrote: > 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] > > > > *From:* ARLIS/NA List [mailto:[log in to unmask]] * On Behalf Of *Angela > Weaver > *Sent:* Monday, January 8, 2018 12:47 PM > *To:* [log in to unmask] > *Subject:* [ARLIS-L] Image Attributions for Digital Collages > > > > 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 <(206)%20685-3693> (Drama) 206-685-8562 <(206)%20685-8562> > (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. 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