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  1. #1

    Default Copyright Law in Libraries and Schools

    I was wondering what the law says about public libraries and schools using copyrighted photos (usually printed from the internet or copied from books) on public bulletin boards to highlight and illustrate books and educational material on a subject? Just a few photos by different photographers, not central to the theme of the display. Is this fair use of the photos or infringement? We are taking about physical bulletin boards put up on a temporary, one-time basis, not online, distributed, published, sold or able to be copied by the general public. Use may be considered transformative as they are not used in the same manner as the originals.

    Can photographers sue the city or state over such use? Can they sue individual teachers and librarians?

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Copyright Law in Libraries and Schools

    Educational use gets a little more latitude for fair use than commercial use. If it is a matter of using it for illustrative purposes. For example, if you're developing instructional materials on the history of aircraft, and you use a picture of a particular airplane in an academic fashion (and corresponding to the accepted behavior of academic use), that is probably pretty fair use. If you're using it just to add color to your site/document/book without it actually being reviewed or explained, you are less likely to be considered fair use.

    Just about any PERSON can be sued. Some governmental entities are harder to sue, but it still can be done.
    Whether your fair use can prevail in such a suit, is the harder to answer question.

  3. #3

    Default Re: Copyright Law in Libraries and Schools

    Thanks! It is true that fair use is pretty much decided on a case by case basis. I know that libraries and schools have been doing the practice of using photos on bulletin boards for probably a hundred years with no problem. That doesn't mean that it's been legally considered fair use, though.

    I did see something in the copyright law about a limitation of liability for public libraries for displaying copyrighted material, but I don't know if it applies with visual displays and bulletin boards. I also saw that someone acting on behalf of a governmental agency can't be sued individually, but their employer can be. I think it has to do with whether or not the person was acting within their usual work duties or doing something more personal. Not sure if applies to schools, though.

    I've never heard of a single lawsuit in tis topic, but I was wondering about this topic after I saw, on a question and answer site, a guy say he will sue an individual librarian for $150,000 if he ever saw any of his photos displayed at a library. He said it doesn't matter if it's educational, a government entity, or not for profit. Makes me wonder if anyone has tried to sue and I just haven't heard about it. Perhaps someone can point me to some information in that.

    I am a photographer and, in my personal opinion, I feel like suing a library is akin to suing a church. Would I be upset if they used my photo without asking? Sure! I would tell them that and ask them to credit me if they haven't or take it down if it's not appropriate. I know they are usually using it for the public good. I often offer my photos to such institutions for that kind of use.

  4. #4
    Join Date
    Dec 2011
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    203

    Default Re: Copyright Law in Libraries and Schools

    It would be fair use and thrown out of court pretty quickly. Just try.

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,307

    Default Re: Copyright Law in Libraries and Schools

    There's a pretty good resource for Fair Use guidelines in an instructional context here, which includes multimedia.

    I did see something in the copyright law about a limitation of liability for public libraries for displaying copyrighted material, but I don't know if it applies with visual displays and bulletin boards.
    Essentially, using a photo for a bulletin board falls loosely under "commentary or criticism", particularly when it's one of those class project deals where everyone has written a paper about, say, John Glenn, and the papers are tacked up on the board with the photos, news articles, and suchlike. Yes, the original photographer (or the publication, if it was a work for hire) retains copyright, but the papers constitute "commentary or criticism".

    I've never heard of a single lawsuit in tis topic, but I was wondering about this topic after I saw, on a question and answer site, a guy say he will sue an individual librarian for $150,000 if he ever saw any of his photos displayed at a library.
    *snort*

    He seems to be laboring under the misapprehension that "sue" is the same as "prevail". It's not, and he'll be in for a nasty surprise if he drags his blowhard self into an attorney's office and starts blustering that he wants $150 large because his local library is displaying his photo on a bulletin board. He'll be laughed out of every office he blusters into. All "sue" means is "I'm going to ask the judge to do something about this thing that I perceive to be wrong." It in no way implies hitting the lottery.

  6. #6

    Default Re: Copyright Law in Libraries and Schools

    Ha! That's funny. I agree, you can sue, but you won't win (or might get way less than you think you will).

    This is interesting. I have another question about copyright unrelated to libraries. It has to do with use of a photo. I'll start a new thread.

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