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).
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