Summary: The Great Debate

Lisa Einselen
LIBR 202
The Great Debate - Scenario 3: Image use

Scenario 3 debates the use of images when the artist is not credited for them. In this scenario, a co-worker with whom you are working on a book club advertisement with is trying to use images, cropping out the artist’s name that was on them, and also not wanting to credit the artist anywhere else on the completed project. This is against fair use guidelines, even though the project (a brochure) is not going to be sold, and is merely being used to promote a library activity (a book club). Ivy Tech Community College’s Ivy Tilt tutorial on copyright (n.d.) provide a succinct look at the basic issue here, by stating that “[m]ost information is protected by copyright. The exception
If the artwork being used is not listed as being Creative Commons licensed, which could very well be the case considering the artist had imprinted their name on the work, then following fair use guidelines needs to occur. With fair use guidelines, one must examine several things including the nature of the work being used, how the work is being used, the amount of the work being used, and the effect that the use of the work has. Columbia University library has a “Fair use Checklist” (2008) that one can use to see if an item counts as fair use, and “[d]enying credit to original author” (or artist), “[h]ighly creative work”, “[l]arge portion or whole work used”, “[n]umerous copies made”, and “[r]epeated or long-term use” are all items that would have to be checked off in this scenario – and all items on the side opposing the use being covered under fair use guidelines. Under fair use guidelines and a normal copyright then, the artwork should not be used at all, unless the artist gives permission and is credited as he/she desires to
If I was in this scenario, I would inform the co-worker that the use of the artwork in that manner is not allowed, and have them check to see which of the two options it falls under. If the co-worker tried to say that there was no official copyright symbol and thus it is not copyrighted, I would explain that copyright laws apply automatically to any work or thought expressed, as soon as that work or thought has been permanently set down, and sometimes, even if merely stated – interviews still require the interviewee be cited and credited if at all possible. This combined with a basic understanding of both fair use guidelines and creative commons licenses means that the use of the artwork is copyright infringement. The artist first needs to be asked if we could use the artwork for this purpose and then credited if he/she says yes, or of it is under a merely creative commons license, merely crediting the artist might take care of the issue. As a library, we have a duty to uphold copyright and the fair use of another’s work, as the purpose of copyrighting works is to protect people’s ideas and work, and thus help to promote those very pursuits. Therefore, I would have to have my co-worker in this scenario fix his/her mistake and rectify the