ENGL 5551: Publication Design - Dr. Schreiber - Spring 2025
I found a copyrighted image. If I cite or give attribution to the creator, am I in the clear?
Using Copyrighted Images
Simply citing the author does not grant permission to use a copyrighted image. You must obtain permission from the copyright holder unless it falls under fair use.
- Permission Required: Always seek permission from the copyright holder.
- Fair Use: Limited use for criticism, commentary, news reporting, teaching, scholarship, and research.
- Creative Commons/Public Domain: Use images with appropriate licenses or those in the public domain.
Intellectual Property and Related Terms
| Term | Definition |
|---|---|
| Intellectual Property (IP) | The legal rights that result from intellectual activity in the industrial, scientific, literary, and artistic fields. It includes copyrights, patents, trademarks, and trade secrets. |
| Copyright | A type of IP that grants the creator of an original work exclusive rights to its use and distribution, usually for a limited time. It covers literary, musical, and artistic works, such as books, songs, movies, photographs, and paintings. Copyright protection is automatic upon creation and typically lasts for the life of the creator plus an additional 70 years. |
| Patents | Patents protect inventions and grant the inventor exclusive rights to use and sell the invention for a certain period, usually 20 years from the filing date. They cover new, useful, and non-obvious inventions or discoveries. |
| Trademarks | Trademarks protect brand names, logos, and other identifiers that distinguish goods or services. They help consumers identify the source of products and services and can last indefinitely as long as they are in use and properly maintained. |
| Fair Use | Fair use is a legal doctrine that allows limited use of copyrighted material without requiring permission from the rights holders. It applies to purposes such as criticism, commentary, news reporting, teaching, scholarship, and research. |
Determining If You Can Use an Image Found Online
| Step | Description |
|---|---|
| 1. Assume It's Protected | By default, assume the image is protected by copyright. Most images online are copyrighted, even if there is no explicit notice. |
| 2. Check the Source | Look for information about the image on the website where you found it. Sometimes, usage rights are mentioned in the website's terms of service or in a specific section about image use. |
| 3. Reverse Image Search | Use a reverse image search tool (like Google Images) to find other instances of the image online. This can help you trace the original source and check for any licensing information. |
| 4. Contact the Owner | If you can identify the owner or creator of the image, reach out to them directly to ask for permission to use it. This is often the safest way to ensure you're not infringing on any rights. |
| 5. Use Public Domain or Licensed Images | Consider using images from reputable sources that offer public domain or Creative Commons-licensed images. Websites like Unsplash, Pixabay, and Wikimedia Commons provide high-quality images that are free to use under specific licenses. |
| 6. Fair Use Considerations | In some cases, you might be able to use the image under the fair use doctrine, which allows limited use of copyrighted material for purposes like criticism, commentary, news reporting, teaching, scholarship, and research. However, fair use is a complex legal area, and it's best to consult with a legal expert if you're unsure. |
A Note on AI & Copyright
Ethical Dimensions of AI-Generated Images: Copyright Considerations
Artificial Intelligence (AI) has revolutionized the creation of images, but it also raises significant ethical and copyright issues. Here are some key points to consider:
- Authorship and Ownership: Determining who owns the copyright of AI-generated images can be complex. Traditional copyright laws were designed for human creators, not machines.
- Training Data: AI models are often trained on vast datasets that include copyrighted images. Using these images without permission can lead to legal disputes and ethical concerns.
- Fair Use: The concept of fair use is still evolving in the context of AI. While some argue that using copyrighted images for training AI falls under fair use, others believe it infringes on the rights of original creators.
- Transparency and Consent: Artists and creators should be informed and give consent if their work is used to train AI models. Lack of transparency can lead to mistrust and ethical dilemmas.
- Legal Precedents: Recent lawsuits, such as Andersen v. Stability AI, highlight the ongoing legal battles over AI-generated content and copyright infringement.
For more information, check out these resources: