[MCN-L] Museums and Fair Use of Images on Websites
Thanks everyone for the feedback. I appreciate the input! Jesse -- Jessica Henderson, MLIS Visual Resources Curator Department of Art Art History Colgate University 13 Oak Drive Hamilton, NY 13346 315.228.7594 jhenderson at colgate.edu www.colgate.edu/visualresourceshttps://sites.google.com/a/colgate.edu/colgatevr/ about.me/jesse.henderson *I am actively using this email account M-F, 8:30am-5pm (EST). On Tue, Aug 27, 2013 at 11:27 AM, Shana West eleutheria at gmail.com wrote: We take a pretty conservative approach here and just don't use them. Even if it can be construed as fair use, you still have to defend that use in court if someone sues you. It's cheaper to just err on the side of permission-only. Shana Exhibit Developer Science Museum of Minnesota On Tue, Aug 27, 2013 at 9:31 AM, Deborah Wythe deborahwythe at hotmail.com wrote: In addition to Rob's suggestion, I would add that you'll want to have a Digital Millenium Copyright Act take-down notice on your website as well. I'm the lucky recipient, but can report that activity is very, very, very low. This doesn't really relate to thumbnails, which are indeed allowed under Fair Use, but is a good protection to have in place in case you accidentally put something up at full size that you shouldn't have. Deb Wythe Brooklyn Museum Here's ours: The Brooklyn Museum respects the intellectual property rights of others. The Brooklyn Museum may, in appropriate circumstances and at its discretion, remove, disable and/or terminate access to any material on or linked to or from this site that it suspects to be infringing upon a third party's intellectual property rights or other rights. If you believe material posted on or linked to or from this site is infringing, please provide a written, signed notice of infringement (a DMCA Notice) to the designated agent at the Brooklyn Museum, by fax or mail, at the address provided below. Such DMCA Notice should be in the form set forth below, which is consistent with the form suggested by the United States Digital Millennium Copyright Act (the DMCA). Our designated agent for receiving such DMCA Notices is our Head of Digital Collections Services, who can be reached as follows: Deborah Wythe, Head of Digital Collections Services, Brooklyn Museum, 200 Eastern Parkway, Brooklyn, New York 11238. Fax: (718) 501-6145. The above contact information is provided exclusively for DMCA notices. Do not send any unrelated inquiries to the contact listed above. Please include the following information in your written, signed DMCA Notice: Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that you request be removed, disabled and/or access to which be terminated, and information reasonably sufficient to permit us to locate the material. Identification of the work(s) claimed to have been infringed. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address at which you may be contacted. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A signed statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of a right that is allegedly infringed. Please note: The DMCA provides that you may be liable for damages (including costs and attorneys' fees) if you make a false or bad faith allegation of copyright infringement by using this process. If you are not sure what your rights are, or whether a copyright has been infringed, you should check with a legal advisor first. deborahwythe at hotmail.com From: jhenderson at colgate.edu Date: Tue, 27 Aug 2013 09:23:53 -0400 To: mcn-l at mcn.edu Subject: [MCN-L] Museums and Fair Use of Images on Websites Hi all, I am just wondering if any institutions out there (especially university museums) use images still under copyright for which they haven't been able to track down permission on their website? If so, do you have any kind of a Fair Use statement on your site regarding the use of the images? Thanks, Jesse -- Jessica Henderson, MLIS Visual Resources Curator Department of Art Art History Colgate University 13 Oak Drive Hamilton, NY 13346 315.228.7594 jhenderson at colgate.edu www.colgate.edu/visualresources https://sites.google.com/a/colgate.edu/colgatevr/ about.me/jesse.henderson *I am
[MCN-L] Museums and Fair Use of Images on Websites
Hi all, I am just wondering if any institutions out there (especially university museums) use images still under copyright for which they haven't been able to track down permission on their website? If so, do you have any kind of a Fair Use statement on your site regarding the use of the images? Thanks, Jesse -- Jessica Henderson, MLIS Visual Resources Curator Department of Art Art History Colgate University 13 Oak Drive Hamilton, NY 13346 315.228.7594 jhenderson at colgate.edu www.colgate.edu/visualresourceshttps://sites.google.com/a/colgate.edu/colgatevr/ about.me/jesse.henderson *I am actively using this email account M-F, 8:30am-5pm (EST).
[MCN-L] Museums and Fair Use of Images on Websites
Hi Jesse, Many museums base their policies in this regard on the Policy on the Use of 'Thumbnail' Digital Images in Museum Online Initiatives from the Association of Art Museum Directors. There's a link to download it as a PDF from this page: https://aamd.org/standards-and-practices Hope this helps, Rob Rob Lancefield Manager of Museum Information Services / Registrar of Collections Davison Art Center, Wesleyan University 301 High Street, Middletown CT 06459-0487 USA rlancefield [at] wesleyan [dot] edu | tel. 860.685.2965 On 8/27/13 9:23 AM, Jesse Henderson wrote: Hi all, I am just wondering if any institutions out there (especially university museums) use images still under copyright for which they haven't been able to track down permission on their website? If so, do you have any kind of a Fair Use statement on your site regarding the use of the images? Thanks, Jesse -- Jessica Henderson, MLIS Visual Resources Curator Department of Art Art History Colgate University 13 Oak Drive Hamilton, NY 13346 315.228.7594 jhenderson at colgate.edu www.colgate.edu/visualresourceshttps://sites.google.com/a/colgate.edu/colgatevr/ about.me/jesse.henderson
[MCN-L] Museums and Fair Use of Images on Websites
We don't use images under copyright for which we don't have permission, but try to ensure that the permissioned copyrighted material we do use is not copied indiscriminately. Our statement on the UTEP Biodiversity Collections website, for example is as follows: Original materials on this web site are copyrighted. Limited use for educational purposes is allowed provided proper credit is given; however, some images are presented by permission of others, so please query us before using images. For textual material, please inform us of use as a matter of courtesy. Commercial use of images or text, in whole or in part, is expressly forbidden without formal, written approval. Contact us for further information. Cheers, Art Harris -Original Message- From: mcn-l-bounces at mcn.edu [mailto:mcn-l-boun...@mcn.edu] On Behalf Of Jesse Henderson Sent: Tuesday, August 27, 2013 7:24 AM To: Museum Computer Network Listserv Subject: [MCN-L] Museums and Fair Use of Images on Websites Hi all, I am just wondering if any institutions out there (especially university museums) use images still under copyright for which they haven't been able to track down permission on their website? If so, do you have any kind of a Fair Use statement on your site regarding the use of the images? Thanks, Jesse -- Jessica Henderson, MLIS Visual Resources Curator Department of Art Art History Colgate University 13 Oak Drive Hamilton, NY 13346 315.228.7594 jhenderson at colgate.edu www.colgate.edu/visualresourceshttps://sites.google.com/a/colgate.edu/colgatevr/ about.me/jesse.henderson *I am actively using this email account M-F, 8:30am-5pm (EST).
[MCN-L] Museums and Fair Use of Images on Websites
In addition to Rob's suggestion, I would add that you'll want to have a Digital Millenium Copyright Act take-down notice on your website as well. I'm the lucky recipient, but can report that activity is very, very, very low. This doesn't really relate to thumbnails, which are indeed allowed under Fair Use, but is a good protection to have in place in case you accidentally put something up at full size that you shouldn't have. Deb Wythe Brooklyn Museum Here's ours: The Brooklyn Museum respects the intellectual property rights of others. The Brooklyn Museum may, in appropriate circumstances and at its discretion, remove, disable and/or terminate access to any material on or linked to or from this site that it suspects to be infringing upon a third party's intellectual property rights or other rights. If you believe material posted on or linked to or from this site is infringing, please provide a written, signed notice of infringement (a DMCA Notice) to the designated agent at the Brooklyn Museum, by fax or mail, at the address provided below. Such DMCA Notice should be in the form set forth below, which is consistent with the form suggested by the United States Digital Millennium Copyright Act (the DMCA). Our designated agent for receiving such DMCA Notices is our Head of Digital Collections Services, who can be reached as follows: Deborah Wythe, Head of Digital Collections Services, Brooklyn Museum, 200 Eastern Parkway, Brooklyn, New York 11238. Fax: (718) 501-6145. The above contact information is provided exclusively for DMCA notices. Do not send any unrelated inquiries to the contact listed above. Please include the following information in your written, signed DMCA Notice: Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that you request be removed, disabled and/or access to which be terminated, and information reasonably sufficient to permit us to locate the material. Identification of the work(s) claimed to have been infringed. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address at which you may be contacted. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A signed statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of a right that is allegedly infringed. Please note: The DMCA provides that you may be liable for damages (including costs and attorneys' fees) if you make a false or bad faith allegation of copyright infringement by using this process. If you are not sure what your rights are, or whether a copyright has been infringed, you should check with a legal advisor first. deborahwythe at hotmail.com From: jhender...@colgate.edu Date: Tue, 27 Aug 2013 09:23:53 -0400 To: mcn-l at mcn.edu Subject: [MCN-L] Museums and Fair Use of Images on Websites Hi all, I am just wondering if any institutions out there (especially university museums) use images still under copyright for which they haven't been able to track down permission on their website? If so, do you have any kind of a Fair Use statement on your site regarding the use of the images? Thanks, Jesse -- Jessica Henderson, MLIS Visual Resources Curator Department of Art Art History Colgate University 13 Oak Drive Hamilton, NY 13346 315.228.7594 jhenderson at colgate.edu www.colgate.edu/visualresourceshttps://sites.google.com/a/colgate.edu/colgatevr/ about.me/jesse.henderson *I am actively using this email account M-F, 8:30am-5pm (EST). ___ You are currently subscribed to mcn-l, the listserv of the Museum Computer Network (http://www.mcn.edu) To post to this list, send messages to: mcn-l at mcn.edu To unsubscribe or change mcn-l delivery options visit: http://mcn.edu/mailman/listinfo/mcn-l The MCN-L archives can be found at: http://mcn.edu/pipermail/mcn-l/
[MCN-L] Museums and Fair Use of Images on Websites
We take a pretty conservative approach here and just don't use them. Even if it can be construed as fair use, you still have to defend that use in court if someone sues you. It's cheaper to just err on the side of permission-only. Shana Exhibit Developer Science Museum of Minnesota On Tue, Aug 27, 2013 at 9:31 AM, Deborah Wythe deborahwythe at hotmail.comwrote: In addition to Rob's suggestion, I would add that you'll want to have a Digital Millenium Copyright Act take-down notice on your website as well. I'm the lucky recipient, but can report that activity is very, very, very low. This doesn't really relate to thumbnails, which are indeed allowed under Fair Use, but is a good protection to have in place in case you accidentally put something up at full size that you shouldn't have. Deb Wythe Brooklyn Museum Here's ours: The Brooklyn Museum respects the intellectual property rights of others. The Brooklyn Museum may, in appropriate circumstances and at its discretion, remove, disable and/or terminate access to any material on or linked to or from this site that it suspects to be infringing upon a third party's intellectual property rights or other rights. If you believe material posted on or linked to or from this site is infringing, please provide a written, signed notice of infringement (a DMCA Notice) to the designated agent at the Brooklyn Museum, by fax or mail, at the address provided below. Such DMCA Notice should be in the form set forth below, which is consistent with the form suggested by the United States Digital Millennium Copyright Act (the DMCA). Our designated agent for receiving such DMCA Notices is our Head of Digital Collections Services, who can be reached as follows: Deborah Wythe, Head of Digital Collections Services, Brooklyn Museum, 200 Eastern Parkway, Brooklyn, New York 11238. Fax: (718) 501-6145. The above contact information is provided exclusively for DMCA notices. Do not send any unrelated inquiries to the contact listed above. Please include the following information in your written, signed DMCA Notice: Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that you request be removed, disabled and/or access to which be terminated, and information reasonably sufficient to permit us to locate the material. Identification of the work(s) claimed to have been infringed. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address at which you may be contacted. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A signed statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of a right that is allegedly infringed. Please note: The DMCA provides that you may be liable for damages (including costs and attorneys' fees) if you make a false or bad faith allegation of copyright infringement by using this process. If you are not sure what your rights are, or whether a copyright has been infringed, you should check with a legal advisor first. deborahwythe at hotmail.com From: jhenderson at colgate.edu Date: Tue, 27 Aug 2013 09:23:53 -0400 To: mcn-l at mcn.edu Subject: [MCN-L] Museums and Fair Use of Images on Websites Hi all, I am just wondering if any institutions out there (especially university museums) use images still under copyright for which they haven't been able to track down permission on their website? If so, do you have any kind of a Fair Use statement on your site regarding the use of the images? Thanks, Jesse -- Jessica Henderson, MLIS Visual Resources Curator Department of Art Art History Colgate University 13 Oak Drive Hamilton, NY 13346 315.228.7594 jhenderson at colgate.edu www.colgate.edu/visualresources https://sites.google.com/a/colgate.edu/colgatevr/ about.me/jesse.henderson *I am actively using this email account M-F, 8:30am-5pm (EST). ___ You are currently subscribed to mcn-l, the listserv of the Museum Computer Network (http://www.mcn.edu) To post to this list, send messages to: mcn-l at mcn.edu To unsubscribe or change mcn-l delivery options visit: http://mcn.edu/mailman/listinfo/mcn-l The MCN-L archives can be found at: http://mcn.edu/pipermail/mcn-l/ ___ You are currently subscribed to mcn-l, the listserv of the Museum Computer Network (http://www.mcn.edu) To post to this list, send messages to: mcn-l at mcn.edu To
