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Long Descriptions of images in Guides

Can I Use that Picture?: The Terms, Laws, and Ethics for Using Copyrighted Images

Can I Use that Picture?

  • Did you take or create the image yourself?
    • If no, proceed to "Ask Yourself the Fair Use Questions"
    • If yes: Was the picture you created an original idea?
      • If yes: Yes! If you took a picture your camera or if you drew or designed an image and the concept was completely your own, you automatically own all copyrights to it and no one can use it or distribute it without your permission
      • If no: No! If you created a picture that is so similar to someone else's that it might be thought of as theirs, you cannot use your picture for anything other than very limited personal use, including printing to hang on your wall.
      • If not sure: When in doubt, do your research to find out if you copied an idea. Otherwise, don't use the picture for anything other than very limited personal use.

    Ask Yourself the Fair Use Questions

    • Are you using the the image for personal, non-profit, educational, research, or scholarly purposes AND are you using the image sparingly, only for limited purposes?
      • If yes:Yes! If you are using the image in an educational or research setting, for limited non-profit uses (don't distribute on a brochure, for example), you are usually safe to use the image without permission. You cannot, however, simply print the image for personal or decorative uses, as this is a form of theft.
      • If no: Are you transforming or repurposing the image to create a new purpose or meaning?
        • If yes:Yes! If you completely rework the image so that it isn't recognizable from the original, you can usually use it. Or, if you completely change the meaning (as you might in a parody), you are usually safe to use the image.
        • If no: Are you publishing the image in a fact-based context or publication that benefits the public as a whole (such as in a news source where it is important that people see the image)?
          • If yes: Possibly. On a case-by-case basis, an image may be safe to use under fair use laws if the image is published in a non-biased way in order to inform or educate the public the public's good.
          • If no: Would it be considered impossible to obtain permission from the original source?
            • If yes: Yes! If you are certain that it is impossible to obtain permission from the person or entity that created the image (if the creator died and no one owns the rights, for example), you are usually safe to use the image without permission.
            • If no: Proceed to Using images for personal or commercial use

    Using Images for Personal or Commercial Use

    Will you be using the image for personal or commercial gain? (If you answered "No" to all the fair use questions, the use of your image would most likely be considered for personal or commercial gain.) If so, answer the questions below.

    • Is the image in the public domain or protected by Creative Commons agreements>
      • If yes: Yes! If your picture is in the public domain (meaning the original creator(s) released their rights to the image) or if you purchased the image and its copyright (like form a stock photo company or from a photographer), you can feel comfortable using the image for whatever you like. If you image is protected under Creative Commons, be sure to check the conditions under which you can use it (you may not be able to modify it or profit from it for example). If you are uncertain if the image is in the public domain or creative commons (or if the photographer has sold the copyright to you), assume it is not and avoid using it until yo've obtained permission.
      • If no: Did you purchase the image or obtain permission from the original source?
        • If yes: Yes! If your picture is in the public domain (meaning the original creator(s) released their rights to the image) or if you purchased the image and its copyright (like form a stock photo company or from a photographer), you can feel comfortable using the image for whatever you like. If you image is protected under Creative Commons, be sure to check the conditions under which you can use it (you may not be able to modify it or profit from it for example). If you are uncertain if the image is in the public domain or creative commons (or if the photographer has sold the copyright to you), assume it is not and avoid using it until yo've obtained permission.
        • If no: No! If you couldn't answer "yes" to all of the fair use questions and you haven't purchased or obtained permission to use the image, you should under no circumstances use the image, regardless of where you found it. It is not only considered unethical to use another person's or company's image without permission, it is illegal.

Original at: https://thevisualcommunicationguy.com/wp-content/uploads/2014/07/Infographic_CanIUseThatPicture4.jpg.