Draft Privileged and Confidential

Attorney Work Product

Memorandum

Date: / February 19, 2008
To: / Mike McCullar / From: / Jill Merritt
Re: / Guidelines for Downloading Digital Images

Copyright Basics

Copyright law gives the copyright owner the exclusive right to copy, perform, display, reproduce, reuse or distribute copies of copyrighted material. This protection covers a wide variety of mediums, including photographs, drawings and digital images on the internet, as long as they are fixed in a tangible medium. Importantly, there is no registration requirement. In other words, copyright protection attaches to an original work the very moment it is created, whether or not the person registers their copyright in the work.

Copyright protection lasts for certain specified periods of time. Once that period of time is over, the work is in the “public domain,” meaning it can be freely copied, reproduced, performed etc. However, these periods of time vary and there is a renewal possibility. Therefore you should never assume that a work is in the public domain, no matter how old it appears to be.

A copyright owner can grant permission to use a work for free or for payment (license). When licensing use of a copyrighted work, or granting permission to use, a copyright owner can specify any terms of use and limit the use in any way they choose. For example, a copyright owner may limit the use of an image for a certain period of time or require certain language crediting the work to the author.

If there are websites that your writers frequently wish to use images from, that do not permit the free use of these images, it may be worthwhile to contact them and attempt to make arrangements to use their images, either for free, or for a fee. Some websites may actually grant permission to use the images for free, so try this first. Others may license their images, either on an image by image basis, or through a blanket license covering most or all images on their website. Whether you are granted permission, or you license the use of images, make sure that you are clear on any requirements or restrictions on use. The copyright owner will probably require some form of credit, such as crediting the artist/photographer or noting that you are using the image courtesy of their company/website etc.

Recommendations for Downloading and Displaying Images

(1)  Provide to your writers a list of websites that you already know allow the use of their images, such as the Office of Naval research. This list might also include any website that you may make future licensing arrangements with. Make sure you are very clear about the terms and conditions of use.

(2)  On this list, provide written instruction for use of the images for each particular site. Most websites that allow you to use their images require that you credit the image. For example, the Office of Naval Research asks that each image you use be displayed with the credit “ONR/U.S. Navy.”

(3)  If an image does not come from a website from the above list, or if it is unclear for any reason whether it may be used, you should start from the assumption that it is protected and may not be freely used. This should be your default position when in doubt.

(4)  If your writers want to use images that they are uncertain about, look for language that indicates it may be used. It may say that an image is “in the Public Domain,” in which case they are free to use it but should follow all requests for crediting the image and any other guidelines for use. It may also say that an image is available for use “Royalty Free,” or that it is “Fully Released.” There are many ways that permission can be granted, but in every case, all steps should be taken to ensure that you comply with requirements for, and restrictions on, use of copyrighted images.

(5)  If it appears images may not be freely used, or if it is unclear, you should not proceed until you establish who the copyright owner is and obtain their permission to use the image. This permission may be granted for free, or for a fee in a licensing agreement. In either case, get it in writing. Again, all steps should be taken to comply with any requirements or restrictions on use of the image or images.

(6)  If you are unclear or uncertain at any stage, do not proceed until you are certain you have permission and understand the terms and conditions of that permission.

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