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Database of public domain and creative commons media.

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From Wikimedia Commons, the free media repository

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A comprehensive introduction to Creative Commons licenses, explaining the different types and how they work. Essential reading for understanding the legal framework behind royalty-free media.

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Creative Commons licenses give everyone from individual creators to large institutions a standardized way to grant the public permission to use their creative work under copyright law. From the reuser’s perspective, the presence of a Creative Commons license on a copyrighted work answers the question, What can I do with this work? The CC License…

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Understanding Fair Use and Public Domain

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Understanding Fair Use and Public Domain

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Clear explanation of fair use principles and public domain materials, helping students navigate copyright law in digital media contexts.

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The term "public domain" refers to creative materials that are not protected by intellectual property laws such as copyright, trademark, or patent laws. The public owns these works, not an individual author or artist. Anyone can use a public domain work without obtaining permission, but no one can ever own it.

An important wrinkle to understand about public domain material is that, while each work belongs to the public, collections of public domain works may be protected by copyright. If, for example, someone has collected public domain images in a book or on a website, the collection as a whole may be protectable even though individual images are not. You are free to copy and use individual images but copying and distributing the complete collection may infringe what is known as the "collective works" copyright. Collections of public domain material will be protected if the person who created it has used creativity in the choices and organization of the public domain material. This usually involves some unique selection process, for example, a poetry scholar compiling a book- The Greatest Poems of e.e. cummings.

There are four common ways that works arrive in the public domain:

the copyright has expired

the copyright owner failed to follow copyright renewal rules

the copyright owner deliberately places it in the public domain, known as "dedication," or

copyright law does not protect this type of work.

The following section looks at each of these routes into the public domain more closely.

As of 2019, copyright has expired for all works published in the United States before 1924. In other words, if the work was published in the U.S. before January 1, 1924, you are free to use it in the U.S. without permission. These rules and dates apply regardless of whether the work was created by an individual author, a group of authors, or an employee (a work made for hire).
Because of legislation passed in 1998, no new works fell into the public domain between 1998 and 2018 due to expiration. In 2019, works published in 1923 expired. In 2020, works published in 1924 will expire, and so on.
For works published after 1977, if the work was written by a single author, the copyright will not expire until 70 years after the author's death. If a work was written by several authors and published after 1977, it will not expire until 70 years after the last surviving author dies.

Copyright protection always expires at the end of the calendar year of the year it's set to expire. In other words, the last day of copyright protection for any work is December 31. For example, if an author of a work died on June 1, 2000, protection of the works would continue through December 31, 2070.

The Renewal Trapdoor

Thousands of works published in the United States before 1964 fell into the public domain because the copyright was not renewed in time under the law in effect then. If a work was first published before 1964, the owner had to file a renewal with the Copyright Office during the 28th year after publication. No renewal meant a loss of copyright.

If you plan on using a work that was published before 1964, you should research the records of the Copyright Office to determine if a renewal was filed.

Dedicated Works

If, upon viewing a work, you see words such as, "This work is dedicated to the public domain," then it is free for you to use. Sometimes an author deliberately chooses not to protect a work and dedicates the work to the public. This type of dedication is rare, and unless there is express authorization placing the work in the public domain, do not assume that the work is free to use.

An additional concern is whether the person making the dedication has the right to do so. Only the copyright owner can dedicate a work to the public domain. Sometimes, the creator of the work is not the copyright owner and does not have authority. If in doubt, contact the copyright owner to verify the dedication.

Clip Art Compilations

Generally clip art is sold in books, digital bundles, or from websites, and is often offered as "copyright-free." The term "copyright-free" is usually a misnomer that actually refers to either royalty-free artwork or work in the public domain. Keep in mind that much of the artwork advertised as copyright-free is actually royalty-free artwork, which is protected by copyright. Your rights and limitations to use such artwork are expressed in the artwork packaging or in the shrink-wrap agreement or license that accompanies the artwork.

If the artwork is in the public domain, you are free to copy items without restriction. However, even if the artwork is in the public domain, the complete collection may not be reproduced and sold as a clip art collection because that may infringe the unique manner in which the art is collected (known as a compilation or collective work copyright).

There are some things that copyright law does not protect. Copyright law does not protect the titles of books or movies, nor does it protect short phrases such as, "Make my day." Copyright protection also doesn't cover facts, ideas, or theories. These things are free for all to use without authorization.

Short Phrases

Phrases such as, "Show me the money" or, "Beam me up" are not protected under copyright law. Short phrases, names, titles, or small groups of words are considered common idioms of the English language and are free for anyone to use. However, a short phrase used as an advertising slogan is protectable under trademark law. In that case, you could not use a similar phrase for the purpose of selling products or services.

Facts and Theories

A fact or a theory-for example, the fact that a comet will pass by the Earth in 2027-is not protected by copyright. If a scientist discovered this fact, anyone would be free to use it without asking for permission from the scientist. Similarly, if someone creates a theory that the comet can be destroyed by a nuclear device, anyone could use that theory to create a book or movie. However, the unique manner in which a fact is expressed may be protected. Therefore, if a filmmaker created a movie about destroying a comet with a nuclear device, the specific way he presented the ideas in the movie would be protected by copyright.

Neil Young wrote a song, "Ohio," about the shooting of four college students during the Vietnam War. You are free to use the facts surrounding the shooting, but you may not copy Mr. Young's unique expression of these facts without his permission.

In some cases, you are not free to copy a collection of facts because the collection of facts may be protectable as a compilation.

Dear Rich: Dear Rich: I wrote a nonfiction book and it turns out that one of the chapters has the same title as a book on a similar subject. The person who wrote that book also has seminars and a DVD using the same title. I seem to remember that there's no copyright on titles-but don't know how to make sure. Am I infringing?

Are Local Laws in the Public Domain?

Under copyright laws that were in effect before 1978, a work that was published without copyright notice fell into the public domain. If the work did not include the word "Copyright" or a © (a "c" in a circle) and the name of the copyright owner, the work would enter the public domain. This rule was repealed; copyright notice is not required for works first published after March 1, 1989 (although works first published prior to that date must still include notice). Just because you find a copy of a book without a copyright notice doesn't mean that the work is in the public domain. It's possible that the copy you are viewing is unauthorized or that the notice has only been removed from a very small number of copies, both of which are excusable. It is also possible that the author followed a copyright law procedure for correcting the error. And, if you're using text from a journal, anthology, newsletter, or magazine published before March 1, 1989, check to see if there is a copyright notice either for the individual article or for the whole publication. Either type of notice will prevent the work from falling into the public domain.

For decades, publishers of model codes-sample laws that a city or state could adopt-have claimed copyright. State and local laws and ordinances based on such codes often contain copyright notices in the publisher's name or some other indication the publisher claims the copyright. In a significant victory for public domain proponents, a federal appellate court found that model codes enter the public domain when they are enacted into law by local governments.

The case came about when Peter Veeck posted the local building codes of Anna and Savoy, two small towns in north Texas, on his website. Both towns had adopted a model building code published by Southern Building Code Congress International, Inc. (SBCCI). Veeck made a few attempts to inspect several towns' copies of the Building Code, but he was not able to locate them easily.

Eventually, Veeck purchased the model building codes directly from SBCCI; he paid $72 and received a copy of the codes on disc. Although the software licensing agreement and copyright notice indicated that the codes could not be copied and distributed, Veeck cut and pasted their text onto his website. Veeck's website identified the codes, correctly, as the building codes of Anna and Savoy, Texas.

SBCCI sued Veeck for copyright infringement. Veeck lost in the trial court, but ultimately won on appeal. The court held that:

The law is always in the public domain, whether it consists of government statutes, ordinances, regulations, or judicial decisions.

When a model code is enacted into law, it becomes a fact-the law of a particular local government. Indeed, the particular wording of a law is itself a fact, and that wording cannot be expressed in any other way. A fact itself is not copyrightable, nor is the way that the fact is expressed if there is only one way to express it. Since the legal code of a local government cannot be expressed in any way but as it is actually written, the fact and expression merge, and the law is uncopyrightable.

( Veeck v. Southern Building Code Congress International, Inc., 293 F.3d 791 (5th Cir. 2002).)

The Veeck decision's reasoning has the effect of placing every model code that has been adopted by a government entity in the public domain. Any person may reproduce such a code, as adopted, for any purpose, including placing it on a website. However, model codes that have not been adopted by any government body are protected by copyright.

The short answer is "No." Copyright law won't protect the book title. Trademark law (with rare exceptions) only protects book titles when used on a series of books. (The author could federally register the title for her seminars but she hasn't done so, yet.) Even if the author could prove trademark rights, she would have to show a likelihood that purchasers would be confused or misled. Proving likelihood of confusion seems difficult since most consumers won't see your chapter heading until after they have purchased your book. All that said, the author or publisher may still fire off a C&D letter should they learn of your chapter title (and may even dredge up claims of unfair competition). If you're concerned about getting hassled, the Dear Rich Staff suggests that in the short term, avoid using the chapter heading in promotional materials for your book; and in the long term-assuming you do a second printing of your book-change the heading.

Copyright law does not protect ideas; it only protects the particular way an idea is expressed. What's the difference between an idea and its expression? In the case of a story or movie, the idea is really the plot in its most basic form. For example, the "idea" of the movie Contact is that a determined scientist, seeking to improve humankind, communicates with alien life forms. The same idea has been used in many motion pictures, books, and television shows including The Day the Earth Stood Still, The Abyss, and Star Trek. Many paintings, photographs, and songs contain similar ideas. You can always use the underlying idea or theme-such as communicating with aliens for the improvement of the world-but you cannot copy the unique manner in which the author expresses the idea. This unique expression may include literary devices such as dialog, characters, and subplots.

In a 2003 case, the producers of the television show Survivor claimed that their show was a "new genre" of television show with a unique format combining the elements of "voyeur verité, hostile environment in the deserted island sense, building of social alliances, challenges arising from the game show element, and serial elimination." They sued to prevent a similar reality-competition show called Celebrity.

The court found that this genre of television show was an unprotectable idea, as is any genre. In other words, anyone could produce a show based on the basic idea of contestants in a "reality" situation eliminating each other. Celebrity would infringe on Survivor only if it copied a substantial amount of the specific details of Survivor, which it did not do. There were many differences between the two shows-for example, the way the contestants were eliminated-and Celebrity had an audience participation element and a comedic tone, unlike the serious Survivor. ( CBS Broadcasting, Inc. v. ABC, Inc., 2003 U.S. Dist. LEXIS 20258 (S.D. N.Y. 2003).)

Dear Rich: Dear Rich: I was going to write a book that partially borrows the plot of another book. My book will give credit to the original author and will refer to characters in the original book by name. Is this okay or forbidden?

Let's start with a question: Forgetting about copyright for a moment if you were the author of a book and someone "borrowed" your plot and characters in another book, how would you feel? And not only that, what if the person who copied your stuff credits you-as if you endorsed the whole thing. If you're like most authors, you'd probably be mad. You'd probably talk to a lawyer (or write to the Dear Rich Staff). The lawyer would tell you that it's probably an infringement, but no one can predict with certainty whether it is or isn't (or whether it's fair use). Our guess is that you would be so mad that you would file a lawsuit.

Who will publish your book? Okay, so let's assume that the author files a lawsuit. Your publisher-assuming you were lucky enough to find one in these troublesome days of publishing-(or your publisher's insurer) would likely ask you to pay the costs of the lawsuit based on the indemnity provision in your contract. So even if you win the lawsuit-or you settle-you probably will have given up most of your royalties to pay the attorneys. And if you lose the lawsuit then you pay the attorneys, and your book goes unpublished.

Can you win the lawsuit? Okay, now for the fine print. Is it legally permissible to borrow? Maybe. Some plots-boy meets girl, boy loses girl, boy gets girl-and some characters-good cop, bad cop-are so stock, that they are considered merely "ideas," not original expressions. In other cases, the author may create something transformative that qualifies as fair use. (Keep in mind these are issues raised at trial, so the attorney is billing as you prove your point.) There are many cases on the subject of borrowing plot and characters, and you may want to peruse a copyright treatise before penning your opus. And of course, as always, disregard all of the legal blather, above, if the book or character you are copying-for example, Sherlock Holmes-is in the public domain.

The Merger Doctrine

There is an exception to the principle that you cannot copy the unique expression of a fact or idea. If there are a limited number of ways to express the fact or idea, you are permitted to copy the expression. This is known as the "merger doctrine"-meaning the idea and the expression are merged or inseparable. For example, in the case of a map, there may be very few ways to express the symbol for an airport other than by using a small image of an airplane. In that case, you are free to use the airport symbol. Similarly, there may be a limited way of expressing a rule about the public domain, for example, the statement, "Works published in the U.S. before 1923 are in the public domain." The fact and the expression are inseparable so you are free to copy the expression. As you can imagine, this is a heavily litigated area, and many companies have butted heads to determine the boundaries of the merger doctrine. For example, Microsoft and Apple litigated over the right to use the trash pail icon as a symbol for deleting computer materials. A federal court of appeals ruled that design constraints made the trash can an unprotectable element of the graphics interface and that Apple could not claim infringement solely based on another company's use of a similar icon. ( Apple Computer, Inc. v. Microsoft Corp., 35 F.3d 1435 (9th Cir. 1994).)

U.S. Government Works

In the U.S., any work created by a federal government employee or officer is in the public domain, provided that the work was created in that person's official capacity. For example, during the 1980s, a songwriter used words from a speech by then‑President Ronald Reagan as the basis for song lyrics. The words from the speech were in the public domain so the songwriter did not need permission from Ronald Reagan. Keep in mind that this rule applies only to works created by federal employees and not to works created by state or local government employees. However, state and local laws and court decisions are in the public domain. (See " Are Local Laws in the Public Domain? " above.)

Some federal publications (or portions of them) are protected under copyright law, which is usually indicated on the title page or in the copyright notice. For example, the IRS may acquire permission to use a copyrighted chart in a federal tax booklet. The document may indicate that a certain chart is "Copyright Dr. Matt Polazzo." In that case, you could not copy the chart without permission from Dr. Polazzo.

Publishing Legal Cases and Pagination

As noted above, federal, state, and local laws and court decisions are in the public domain. (See "Are Local Laws in the Public Domain?" above.) However, legal publishers have attempted to get around the public domain status by claiming that unique page numbering systems are copyrightable. These publishers argued that you can copy and distribute a court decision, but you cannot copy the page numbering, which is crucial to the official citation system used by the courts. For many years, Lexis and other computerized legal research systems could not cite to the official page numbering system used by West publications. In a 1994 case, West Publishing Company sued when a legal publisher, Matthew Bender, incorporated West's page numbering system on a CD-ROM product. A court of appeals ruled that the use of West's pagination was not protectable and in any case, the page citation copying was permitted as fair use. As a result of this ruling, you are free to copy a publisher's reproduction of court decisions and page numbering. ( Matthew Bender & Co. v. West Publishing Co., 158 F.3d 693 (2d Cir. 1998). But see also West Publishing Company v. Mead Data, 799 F.2d 1219 (1986).)

The table below may help you determine public domain status.

Table for Determining Public Domain Status

Works published in the U.S. before 1924

In the public domain

Works published in the U.S. after 1923 but before 1964

Initial term of 28 years. If not renewed during the 28th year, the work falls into the public domain.

Works published in the U.S. after 1923 but before March 1, 1989

Generally, if a work was published without copyright notice under the authorization of the copyright owner and the law does not provide an exception for the omission, the work is in the public domain

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Welcome to the Public Domain - Copyright Overview by Rich Stim - Stanford Copyright and Fair Use Center

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The term "public domain" refers to creative materials that are not protected by intellectual property laws such as copyright, trademark, or patent laws. The public owns these works, not an ...

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Official UK government guide to copyright law as it applies to digital media, photographs, and creative works.

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Copyright Notices are published by the Intellectual Property Office to help explain specific areas of copyright in the UK. This notice is aimed at small businesses and individuals who may wish to use digital or photographic images on the web. It also provides advice for people who may find their own images being used online.

This notice is not meant as a substitute for legal advice on particular cases, but it can help readers gauge the possible consequences of a particular course of action. It is not a conclusive view of the law - only a decision of the court can deal with that.

Copyright in images and photographs

The basics

Photographs, illustrations and other images will generally be protected by copyright as artistic works. This means that a user will usually need the permission of the copyright owner(s) if they want to perform certain acts, such as copying the image or sharing it on the internet.

References to "images" in this Copyright Notice include:

digital photos taken on mobile phones and digital cameras;

images that were first generated on photographic film and any digital images created from them; and

images such as diagrams and illustrations

Please note that some of the issues raised in this Copyright Notice will only apply to photos.

The person who creates an image ("the creator") will generally be the first owner of the copyright. However, there are various situations in which this is not necessarily the case. For photos, it may depend on when the photo was taken, as different rules may apply if the photograph was taken before 1989. Creators also have what are known as moral rights (see example below on stopping the use of an image if you disapprove).

If an image was created as part of the creator's employment, rather than by a freelance creator, the employer will generally own the copyright. It is also possible that, in instances where a person has arranged equipment and made artistic decisions prior to taking a photo, but wasn't the one to press the trigger, the person making the arrangements could own the copyright. An example of this could be where a photographer has made the creative choices in setting up a shot, but got an assistant to actually press the trigger.

The creator of an image may choose to allow a person or organisation to license the work on their behalf, license the copyright directly themselves, or "assign" (transfer) the copyright to another person. The term 'licensing' means giving another person or organisation permission to use a work such as an image, often in return for payment and/or on certain conditions for a specific period of time. A Copyright Notice on assigning copyright is available.

An image might have multiple copyright owners if there was more than one creator. An example might be a cartoon or illustration created by a number of visual artists, who then jointly license use to a website owner.

This is different from copyright works which contain other, underlying works which are also protected by copyright. For example, if you wanted to use image 'A' which also contains image 'B', then you would need permission from both owners of image 'A' and 'B', provided the inclusion of image 'B' was not purely incidental (see example below on taking a photo of a copyright work).

Some images which appear on the internet are controlled by picture libraries which either own the copyright in the images or have the copyright owners' permission to license rights to use the images. The picture libraries normally restrict how the copies of the photos are used as part of their contract terms when they allow people to use the images. The restrictions may not arise out of copyright law: an image library can set terms and conditions of use in respect of images it supplies, including ones which are out of copyright, through a contract. How long does copyright in images or photos last?

Generally speaking, in the UK copyright in images lasts for the life of the creator plus 70 years from the end of the calendar year of their death although the length of the copyright period will depend on when the image was created. That means that images less than 70 years old are still in copyright, and older ones may well be, depending on when the creator died.

For old images or photos, you may never be entirely sure if something is in copyright, but knowing the age of the photo will be a good guide to make an educated guess whether the photo is likely to be protected by copyright. There may be material in the image which helps to date it. For instance, a photo of a particular brand of motorcar may be evidence that the photograph was taken after the first year of manufacture.

More information about the duration of copyright is available in another Copyright Notice.

Simply creating a copy of an image won't result in a new copyright in the new item. However, there is a degree of uncertainty regarding whether copyright can exist in digitised copies of older images for which copyright has expired. Some people argue that a new copyright may arise in such copies if specialist skills have been used to optimise detail, and/or the original image has been touched up to remove blemishes, stains or creases.

However, according to established case law, the courts have said that copyright can only subsist in subject matter that is original in the sense that it is the author's own 'intellectual creation'. Given this criterion, it seems unlikely that what is merely a retouched, digitised image of an older work can be considered as 'original'. This is because there will generally be minimal scope for a creator to exercise free and creative choices if their aim is simply to make a faithful reproduction of an existing work.

Is permission always required to copy or use an image?

Sometimes permission is not required from the copyright holder to copy an image, such as if the copyright has expired. Permission is also not required if the image is used for specific acts permitted by law ("permitted acts", or sometimes referred to as "exceptions to copyright"). People can use copyright works without permission from the copyright owner, such as for private study or non-commercial research, although some exceptions are not available for photographs.

If permission is required to use an image, permission will need to be obtained from all the copyright owners, whether it is a single image with numerous creators, a licensed image, or an image with embedded copyright works. Sometimes there will be one person or organisation that can authorise permission for all the rights in that image; in other cases separate permission may be needed from several individual rights owners.

The creator of a copyright work such as an image will usually have right to be acknowledged when their work has been used, provided they have asserted this right. If you are unsure whether or not the creator has asserted this right, then it is recommended that you provide a sufficient acknowledgement when using their work.

Copyright does not disappear simply because the owner cannot be found. Works for which one or more of the copyright owners is not known or cannot be located are referred to as "orphan works".

You may want to try to find an alternative image that can be licensed through the creator or a picture library. If not, and after a diligent search you cannot trace the copyright owner, you may be able to apply for an orphan works licence from the Intellectual Property Office.

The IPO orphan works licensing scheme allows for the commercial and non-commercial use of any type of orphan copyright work. Before making an application for an orphan works licence, you will need to undertake a diligent search for the right holder(s). If you are unable to trace the right holder, you can apply for an orphan works licence using our online application form.

If you believe that a work in which you hold the copyright has been licensed as an orphan work, you can contact the IPO through the orphan works register.

The copyright symbol does not have to be present for copyright to exist, so just because there is no name or copyright symbol associated with a photo or image does not mean the image is not protected by copyright.

Sometimes uploading and downloading images causes the associated metadata to be removed accidentally. Metadata is embedded within the image and can give details of the copyright owner. Deliberate removal of metadata that identifies the copyright owner is unlawful.

Is there any way I can be completely safe when I use an image from the internet?

The vast majority of images on the internet are likely to be protected by copyright, so it is only safe to use it if you have specific permission to do so through a licence; or your particular use is specifically permitted in the terms and conditions of the website supplying the image and this is the copyright owner's website or another website which has the copyright owner's permission to allow other people to use an image; or if you have established that copyright has expired; or if you are using the image in a way which is covered by a permitted act/exception to copyright (see above). The use of licensed images is usually much safer than using unlicensed images which offer no protection against infringement.

When someone infringes copyright, there are various courses of action that could be taken by the individual or organisation that owns or administers the copyright. The user of the image may be asked to purchase a licence, and a commercial arrangement might be reached after which no further action is taken. However, legal action might be taken by bringing a claim in court which could result in having to go to court for a hearing.

Court cases can be expensive, as they often result in the user of the image paying the cost to use the photo, plus legal costs of themselves and the copyright owner and possibly other financial compensation for copyright infringement, which may amount to more than the cost of a licence to use the image. Further, the user of the infringing copy could also be asked to take down and permanently remove all copies of the image from websites as well, unless permission from the copyright owner is secured.

Deliberate infringement of copyright on a commercial scale may also lead to a criminal prosecution.

Even in situations where people may think their copyright infringement will not be detected, they run the risk of being discovered and subsequently being pursued through the courts.

Examples

I want to use my own images on the internet

If you have created the images yourself, you are generally free to use them as you wish.

However, there are some instances where you may not do what you like which includes situations where:

you are an employee working for a business or individual, and create images during the course of your employment (you would need the employer's permission);

you take a photo of a work that is protected by copyright (for example, taking a photo of a painting at a modern art gallery) - this could result in your photo itself being an infringement of copyright;

you have agreed that the copyright in images you have created will belong to someone else;

you have been commissioned to take photos by a third party for private and domestic purposes (for example, wedding photographs) and you do not have their permission to put them on the internet;

you have granted an exclusive licence to someone else; or

you have agreed to the terms of a non-disclosure agreement, embargo or other contract which restricts or prohibits such action

I want to stop someone using the image I created in a way I do not approve of or have not approved

If somebody is making use of your images without your permission, there are a number of options open to you as the copyright owner.

Although you do not have to, it is usually sensible to try to resolve the matter with the party you think has infringed your copyright. This may save you time and money, and it may be necessary to show a court that you have tried to solve the matter with the other party. Mediation is one way of resolving an issue before starting court proceedings. The IPO offers a mediation service which can help to resolve intellectual property disputes - including copyright - without going to court.

If you cannot resolve the matter with the other party, then going to court may be the right solution. But it would be a good idea to seek legal advice at an early stage.

Besides infringing your copyright, it is also possible that somebody may infringe your 'moral rights', which are legal rights enforceable by the authors of copyright works.

When people use your images, they should do so respectfully, even if they have your permission to use them. If you have 'asserted' your 'moral right' to be credited for creating the photo, then that user should acknowledge you as the creator.

Such an assertion is often made by written contract or may be embedded in the image with metadata.

As the creator, you will also have the moral right to object if people alter your work in a way that is negative to your reputation (known as "derogatory treatment"). If you take the matter to court, you would usually need to establish evidence that your reputation may have been harmed.

I want to take a photo of a copyright work and use it

If someone takes a photo, copyright can exist in that photo. If someone takes a photo of a work protected by copyright, and the work forms an essential part of the image, using that photo on the web is likely to be an infringement of copyright. In other words, people are allowed to take a photo of a room of paintings, provided the inclusion of such paintings in the photo was merely incidental (e.g. they formed inessential background). However, you would need to be careful about copyright infringement if taking photos of specific paintings.

Taking a photo of something that is not protected by copyright is not an infringement of copyright - for example, taking photos of animals, landscapes or works for which copyright has expired.

I want to take photos of sculptures and buildings located in public spaces You do not need permission to photograph buildings, sculptures and similar works on public display in public spaces. The photographs you take are afforded full copyright protection. This means you, as the photographer, are able to commercially use your work.

However, as outlined above, care should be taken when taking photos of two-dimensional graphical works such as posters or commissioned murals which are located in public places. Making copies of those works could harm the interests of creators, and could be an infringement of copyright.

I want to use images sent to me by a friend or family member

You need to treat these images as you would any other images and would usually need to ask for permission.

For example, photographs taken by a relative from a recent family event would need permission from the creator to use online.

I want to use images I found on the web

Images that have been found on the web may be used in the following situations:

you know the copyright term has expired;

you have permission from the copyright owner for exactly what you want to do with it (for example, to display it on your website) - this may be in the form of something like a licence you purchase from a picture library or a Creative Commons Licence ; or

you use the images for specific purposes known in law as permitted acts

I want to use images on my own personal website or for an online school project

Permission will usually be required because you are copying the images and communicating them to the public - but there may be photos available for you to use without payment, just check the details of the permission if you obtain it from a picture library, for example.

I want to use images I found on the web on a commercial website

You will generally need to seek permission before you do so. There are licences which you can obtain to use images for commercial purposes, such as advertising your business on a website, and usually you will have to pay a higher fee than for non-commercial use. Be aware that some Creative Commons licences are for non-commercial use only, so it is important to check the licence terms if using Creative Commons-licensed material.

Sharing or posting a simple web link to pages where images have been posted publicly online by the copyright owner is usually not restricted by copyright.

The courts have ruled that internet users should be free to share links to material, for example photos or videos, providing the material itself has been published online with the permission of the rights holder. The right to share links however does not go as far as allowing users to share links that are designed to circumvent paywalls or other subscription only services.

Copying images and then hosting them on another website however will usually amount to copyright infringement. You should ask permission from the copyright owner before using images in this way.

I want to use photos taken for me by a professional photographer

Where you commission a professional to take photographs on your behalf, for example wedding photographs, the copyright will usually remain with the photographer. This means that you need to get the photographer's permission before printing further copies of the images, sharing them with your friends or family, or undertaking other acts restricted by copyright such as posting the images to social media sites.

Many photographers will include licence terms setting out exactly what use you may make of images in their contract with you. If you have specific uses in mind, you should ensure these are discussed before contracts are settled. You could also agree with the photographer that the copyright will be assigned to you - this would be done by having a written and signed contract with the photographer saying you had bought the copyright from them. Depending on your needs, a less expensive solution may be to pay for a licence.

Where a photograph is commissioned for private and domestic purposes, the commissioner does have a right that the photographs will not be issued to the public without their permission. This means that, although a wedding photographer may own the copyright in images of your wedding, they should not post them on their website or exhibit them in public without your permission.

When you join a social media website you should check that website's terms and conditions to ensure that they are not allowing the website operator to do something with your photographs that you do not want. Their terms and conditions may allow them to use your images for commercial purposes or make your images available for others to use, without your prior permission or notice.

If people are already using your photos and you agreed to a condition that permitted such use, you can ask the website operator to take the photographs off the site, but they may not agree to do so. If this were to happen to you, you may also want to consider what rights you may have under other areas of law (for example, privacy or defamation).

I want to create a new artwork from an image I found on the internet

For an infringement of copyright to occur, it is not necessary that a work is copied in its entirety - copying a 'substantial' part of a work will also infringe. Taking an existing image and making an adaptation of it without permission will usually be an infringement of copyright.

In determining if a part is 'substantial' the courts have said that what matters is whether the piece that has been used (however small) could be said to be the author's own 'intellectual creation' (i.e. something that could qualify for copyright protection in its own right). Ultimately, only a court would have the authority to determine whether a given use is an infringement. However, it is worth bearing in mind that the courts tend to interpret the term 'substantial part' broadly, so even taking a relatively small part of a work can be regarded as infringement. It is worth being aware that such adaptations may be permitted if they fall within the scope of the permitted acts of parody, caricature or pastiche.

As stated above, if an image is created by an employee in the course of their employment, the employer is the first owner of copyright, unless there has been some agreement to the contrary.

However, when an organisation commissions a third party (such as a freelance photographer, illustrator, artist or cartoonist) to create an image, the first legal owner of copyright will usually be the person or business that created the image, unless there has been some agreement to the contrary.

When an image is commissioned for a specific use, any additional use beyond the terms of that licence will require an additional licence for example, an image commissioned for one purpose or media is subsequently wanted for use for another purpose. Just because a licence exists for one does not automatically permit the use for another, so an additional licence is required.

Sometimes when copyright is not dealt with in the contract to commission the image, courts may be willing to find that there is an implied licence allowing the commissioner to use the image for the purpose for which it was commissioned. This does not normally result in a transfer of ownership. Instead, the commissioner of the work may only get a limited non-exclusive licence.

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Copyright notice: digital images, photographs and the internet

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Copyright Notices are published by the Intellectual Property Office to help explain specific areas of copyright in the UK. This notice is aimed at small businesses and individuals who may wish to use digital or photographic images on the web. It also provides advice for people who may find their own images being used online.

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Tutorial on navigating and using Wikimedia Commons, one of the world's largest repositories of freely usable media files.

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From Wikimedia Commons, the free media repository

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Internet Archive: Digital Library of Free & Borrowable Books, Movies, Music & Wayback Machine

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Introduction to the Internet Archive's vast collections of books, movies, music, and other cultural artifacts available for free use.

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Collections – A Basic Guide – Internet Archive Help Center

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On archive.org, a collection is a group of item pages organized under a collections page. It is a collection of items that you have uploaded to the Internet Archive.

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A tool that allows openly licensed and public domain works to be discovered and used by everyone.

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Search over 700 million free and openly licensed images, photos, audio, and other media types for reuse and remixing.

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Guide to using Unsplash's high-quality photography collection for educational purposes, including proper attribution practices.

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Unsplash for Education

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How we started? The concept was simple. Unsplash was born from the pain we had in finding great, usable imagery. Today, Unsplash is a platform fuelled by a community who give their work for free in support of the community. Without them, none of this would be possible.
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Unsplash for Education Inspiring images that power minds everywhere. Learning made easy with over 1 million free images at your fingertips. Start browsing Calling all students Make something awesome Your next school project is in good hands with the help of our beautiful, curated library.

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Best practices for organizing, storing, and managing digital media collections in educational settings.

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Introduction to metadata standards used in digital archives, essential for understanding how media is catalogued and discovered.

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Please note that this version of the specification for the Dublin Core Element Set is somewhat out of date. Please see the DCMI Metadata Terms for the current documentation of its fifteen terms
"The Dublin Core", also known as the Dublin Core Metadata Element Set, is a set of fifteen "core" elements (properties) for describing resources. This fifteen-element Dublin Core was first standardized in 1998 as IETF RFC 2413, "Dublin Core Metadata for Resource Discovery", and subsequently published as ANSI/NISO Z39.85 and ISO 15836. Documentation for these core properties is now included as part of the larger set of DCMI Metadata Terms. This version of the fifteen-element Dublin Core, from 2012, is provided here as a historical snapshot. Like other Web-oriented vocabularies of the late 1990s, the Dublin Core was published with a version number, "1.1", after which the practice of publishing new releases as numbered versions was abandoned in favor of publishing releases simply by date.

Introduction

The Dublin Core™ Metadata Element Set is a vocabulary of fifteen properties for use in resource description. The name "Dublin" is due to its origin at a 1995 invitational workshop in Dublin, Ohio; "core" because its elements are broad and generic, usable for describing a wide range of resources.

The fifteen element "Dublin Core™" described in this standard is part of a larger set of metadata vocabularies and technical specifications maintained by the Dublin Core™ Metadata Initiative (DCMI). The full set of vocabularies, DCMI Metadata Terms [DCMI-TERMS], also includes sets of resource classes (including the DCMI Type Vocabulary [DCMI-TYPE]), vocabulary encoding schemes, and syntax encoding schemes. The terms in DCMI vocabularies are intended to be used in combination with terms from other, compatible vocabularies in the context of application profiles and on the basis of the DCMI Abstract Model [DCAM].

All changes made to terms of the Dublin Core™ Metadata Element Set since 2001 have been reviewed by a DCMI Usage Board in the context of a DCMI Namespace Policy [DCMI-NAMESPACE]. The namespace policy describes how DCMI terms are assigned Uniform Resource Identifiers (URIs) and sets limits on the range of editorial changes that may allowably be made to the labels, definitions, and usage comments associated with existing DCMI terms.

This document, an excerpt from the more comprehensive document "DCMI Metadata Terms" [DCTERMS] provides an abbreviated reference version of the fifteen element descriptions that have been formally endorsed in the following standards:

ISO Standard 15836:2009 of February 2009 [ISO15836]

ANSI/NISO Standard Z39.85-2012 of February 2013 [NISOZ3985]

IETF RFC 5013 of August 2007 [RFC5013]

Since 1998, when these fifteen elements entered into a standardization track, notions of best practice in the Semantic Web have evolved to include the assignment of formal domains and ranges in addition to definitions in natural language. Domains and ranges specify what kind of described resources and value resources are associated with a given property. Domains and ranges express the meanings implicit in natural-language definitions in an explicit form that is usable for the automatic processing of logical inferences. When a given property is encountered, an inferencing application may use information about the domains and ranges assigned to a property in order to make inferences about the resources described thereby.

Since January 2008, therefore, DCMI includes formal domains and ranges in the definitions of its properties. So as not to affect the conformance of existing implementations of "simple Dublin Core™" in RDF, domains and ranges have not been specified for the fifteen properties of the dc: namespace ( http://purl.org/dc/elements/1.1/). Rather, fifteen new properties with "names" identical to those of the Dublin Core™ Metadata Element Set Version 1.1 have been created in the dcterms: namespace ( http://purl.org/dc/terms/). These fifteen new properties have been defined as subproperties of the corresponding properties of DCMES Version 1.1 and assigned domains and ranges as specified in the more comprehensive document "DCMI Metadata Terms" [DCTERMS].

Implementers may freely choose to use these fifteen properties either in their legacy dc: variant (e.g., http://purl.org/dc/elements/1.1/creator) or in the dcterms: variant (e.g., http://purl.org/dc/terms/creator) depending on application requirements. The RDF schemas of the DCMI namespaces describe the subproperty relation of dcterms:creator to dc:creator for use by Semantic Web-aware applications. Over time, however, implementers are encouraged to use the semantically more precise dcterms: properties, as they more fully follow emerging notions of best practice for machine-processable metadata.

References

The Elements

Term Name: contributor

Definition:

An entity responsible for making contributions to the resource.

Comment:

Examples of a Contributor include a person, an organization, or a service. Typically, the name of a Contributor should be used to indicate the entity.

Term Name: coverage

Definition:

The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant.

Comment:

Spatial topic and spatial applicability may be a named place or a location specified by its geographic coordinates. Temporal topic may be a named period, date, or date range. A jurisdiction may be a named administrative entity or a geographic place to which the resource applies. Recommended best practice is to use a controlled vocabulary such as the Thesaurus of Geographic Names [TGN]. Where appropriate, named places or time periods can be used in preference to numeric identifiers such as sets of coordinates or date ranges.

References:

[TGN] http://www.getty.edu/research/tools/vocabulary/tgn/index.html

Term Name: creator

Definition:

An entity primarily responsible for making the resource.

Comment:

Examples of a Creator include a person, an organization, or a service. Typically, the name of a Creator should be used to indicate the entity.

Term Name: date

Definition:

A point or period of time associated with an event in the lifecycle of the resource.

Comment:

Date may be used to express temporal information at any level of granularity. Recommended best practice is to use an encoding scheme, such as the W3CDTF profile of ISO 8601 [W3CDTF].

References:

[W3CDTF] http://www.w3.org/TR/NOTE-datetime

Term Name: description

Definition:

An account of the resource.

Comment:

Description may include but is not limited to: an abstract, a table of contents, a graphical representation, or a free-text account of the resource.

Term Name: format

Definition:

The file format, physical medium, or dimensions of the resource.

Comment:

Examples of dimensions include size and duration. Recommended best practice is to use a controlled vocabulary such as the list of Internet Media Types [MIME].

References:

[MIME] http://www.iana.org/assignments/media-types/

Term Name: identifier

Definition:

An unambiguous reference to the resource within a given context.

Comment:

Recommended best practice is to identify the resource by means of a string conforming to a formal identification system.

Term Name: language

Definition:

A language of the resource.

Comment:

Recommended best practice is to use a controlled vocabulary such as RFC 4646 [RFC4646].

References:

[RFC4646] http://www.ietf.org/rfc/rfc4646.txt

Term Name: publisher

Definition:

An entity responsible for making the resource available.

Comment:

Examples of a Publisher include a person, an organization, or a service. Typically, the name of a Publisher should be used to indicate the entity.

Term Name: relation

Definition:

A related resource.

Comment:

Recommended best practice is to identify the related resource by means of a string conforming to a formal identification system.

Term Name: rights

Definition:

Information about rights held in and over the resource.

Comment:

Typically, rights information includes a statement about various property rights associated with the resource, including intellectual property rights.

Term Name: source

Definition:

A related resource from which the described resource is derived.

Comment:

The described resource may be derived from the related resource in whole or in part. Recommended best practice is to identify the related resource by means of a string conforming to a formal identification system.

Term Name: subject

Definition:

The topic of the resource.

Comment:

Typically, the subject will be represented using keywords, key phrases, or classification codes. Recommended best practice is to use a controlled vocabulary.

Term Name: title

Definition:

A name given to the resource.

Comment:

Typically, a Title will be a name by which the resource is formally known.

Term Name: type

Definition:

The nature or genre of the resource.

Comment:

Recommended best practice is to use a controlled vocabulary such as the DCMI Type Vocabulary [DCMITYPE]. To describe the file format, physical medium, or dimensions of the resource, use the Format element.

References:

[DCMITYPE] http://dublincore.org/specifications/dublin-core/dcmi-type-vocabulary/

Errata:
2013-11-05. Updated reference to ANSI/NISO Standard Z39.85-2012 of February 2013 [NISOZ3985]
2019-05-08. Updated reference to ISO 15836:2009 [ISO15836]

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Dublin Core™ Metadata Element Set, Version 1.1: Reference Description

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Please note that this version of the specification for the Dublin Core Element Set is somewhat out of date. Please see the DCMI Metadata Terms for the current documentation of its fifteen terms "The Dublin Core", also known as the Dublin Core Metadata Element Set, is a set of fifteen "core" elements (properties) for describing resources.

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Open Educational Resources (OER) Commons

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Open Educational Resources (OER) Commons

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Guide to finding and using open educational resources, including media materials that can be freely used and modified.

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Practical guide on how to properly attribute Creative Commons licensed works, with examples and templates.

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Recommended practices for attribution - Creative Commons

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You can use CC-licensed materials as long as you follow the license conditions. One condition of all CC licenses is attribution: crediting the author and noting the source and the license. Generally speaking, attribution must reasonably include all relevant information supplied by the licensor. Beca…

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Comparative analysis of different search engines and tools for finding royalty-free media, including their strengths and limitations.

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Step-by-step guide for creating and maintaining a personal or institutional collection of royalty-free media resources.

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Illustration by Jørgen Stamp digitalbevaring.dk CC BY 2.5 Denmark

Welcome to the revised 2nd edition of the Digital Preservation Handbook. A key knowledge base for digital preservation, peer-reviewed and freely accessible to all.

Acknowledgements
"Overall the improvements to the Handbook make it, in my opinion, one of the more useful and flexible tools for identifying, understanding and getting to grips with practical approaches to the varying challenges of digital preservation. It uses approachable language, clear terminology and provides useful links to case studies and further reading which will be of benefit to students and practitioners alike." Stefanie Davidson West Yorkshire Archive Service

Digital information is increasingly important to our culture, knowledge base and economy. The Handbook, first compiled by Neil Beagrie and Maggie Jones in 2001, is maintained and updated by the DPC. This full revision (the 2nd Edition) has expanded and updated content to cover over 30 major sections (see Contents). The 2nd edition was compiled with input from 45 practitioners and experts in digital preservation under the direction of Neil Beagrie as managing editor and William Kilbride as chair of the Management and Advisory Boards. The Handbook provides an internationally authoritative and practical guide to the subject of managing digital resources over time and the issues in sustaining access to them. It will be of interest to all those involved in the creation and management of digital materials.

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Please use this form of citation for the Handbook: Digital Preservation Handbook, 2nd Edition, https://www.dpconline.org/handbook, Digital Preservation Coalition © 2015.

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Illustration by Jørgen Stamp digitalbevaring.dk CC BY 2.5 Denmark Welcome to the revised 2nd edition of the Digital Preservation Handbook. A key knowledge base for digital preservation, peer-reviewed and freely accessible to all.

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