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    1. UNG
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    4. Copyright Services

    Images and Music

    Images and music are complex, which makes the discussion of their copyrights complex as well. It is important to know that not all educational uses of copyrighted works, to include images or music, falls within the Fair Use limitations on a copyright holder’s exclusive rights.

    There can be multiple layers of copyright associated with a single image or a musical piece.

    Images

    For images, layers may include a separate copyright for the artist, for the photographer, for the model or any identifiable person–if there is one, and for the publisher, etc.

    Music

    For music, there may be a copyright layer for each of the following: the sheet music, the performer, the lyrics, the “sound recording,” or the “musical work,” etc. 

    Online

    Also, for copyrighted content that is found online, there are usually contractual agreements, known as Terms of Use, which one must consider when procuring images or music for re-use. Terms of Use usually stipulate that, just by accessing the website or content, you agree to their specific terms.

    Fair Use or Need Permission?

    When using copyrighted content, there will need to be either permission granted in writing (verbal agreement will not suffice) or a finding in favor of Fair Use, even if the use is for educational purposes. The USG provides a Fair Use Checklist, for analyzing content for a proposed use. This analysis is based upon fact-specific inquiry of each instance of a proposed use of copyrighted content. A blanket analysis cannot be made; each instance has to be individually analyzed. 

    For creative works such as images and music, the second factor of the checklist, “Nature of the Work,” plays an important part in the analysis as it stipulates that works that are “fictional or highly creative (art, music, novel, film, play or poetry),” weigh against fair use.

    However, no one factor is dispositive; all the factors must play a part in the analysis.

    Public Domain

    Most published copyrighted content that was published before January 1, 1923, is in the Public Domain. See the Public Domain page for more information about assessing the copyright status of a work based upon date, publication status, and place of origin or first publication.

    Creative Commons

    For images that are licensed under a Creative Commons (CC) license, particular attention must be paid to the required attributions and compatibility issues of the specific license. See the Creative Commons page for more information about using Creative Commons licensed copyrighted content. 

    Return to

    • Copyright Services
    • About Copyright Services

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    Research Links

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    Recommended Reading

    • Music Publishers Association of the United States – Copyright Resource Center
    • Visual Resources Association – Intellectual Property Rights (IPR) and Copyright from the International Association of Image Media Professionals
    • Expert Tips for Responding to a Getty Images Demand Letter – Artrepreneur. Steve Schlackman. 2014.
    • Copyright for the Rest of Us: Chapter 8 Artwork and Photography – Online Access Marcia Keyser CC BY 3.0
    • Copyright for the Rest of Us: Chapter 5 Music and Copyright – Online Access Marcia Keyser CC BY 3.0
    • Future of Music Coalition – News that relates to music and copyright.

    Image Resources

    Always read the terms of use.

    • UNG Libraries Subject Guides – Art: Articles and Databases, Books & Websites
    • Flickr Commons – Variously licensed images, verify licensing before using.
    • Pexels – Be cautious- most images are licensed with CCO License. However, there are others mixed in as well.
      Pixabay – Be cautious -most images are licensed with CCO License. However, there are others mixed in as well.
    • Unsplash – Be cautious, verify and document language from the website that images are free to use.
    • Wikimedia Commons – Be cautious, verify that the person who uploaded the content is the copyright holder. Thousands of images available under free creative commons licenses, or in the public domain.
    • The Met Museum Art Collection – Nearly 400,000 high-quality images of The Met's holdings.

    Music Resources

    Always read the terms of use.

    • UNG Libraries Subject Guides –Music: Articles and Databases, Books & Websites
    • Musicscreen.org – Royalty-free music for non-profit and non-commercial uses for students and faculty at educational institutions.

    Public Domain Images

    Always read the terms of use.

    • American Memory: United States Library of Congress
    • FDR Library: Digitized Historical Photographs
    • New York Public Library Digital Gallery
    • U.S. History Images

    Tools

    • Digital Image Rights Computator
    • CC Search

    Contact Information

    Terri Bell
    Copyright Coordinator and Digital Archivist
    706-867-2738
    terri.bell@ung.edu

    Disclaimer

    The information presented here is intended for informational purposes and should not be construed as legal advice. If you have legal questions, please contact the Office of General Counsel.

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