Question: Take a look at this blog story about Spring Hours. Is using this image considered fair use?
Answer: Not a solid case for fair use. Yes, we are in an educational context, but the use is not particularly transformative. Picture is used as decoration rather than to extend meaning or provide new purpose. There could be a market effect, particularly if the photographer is making money from his/her photography. We are making the photo available for download and reuse with no signals that it is protected.
What would possibly change this answer? If the photo was originally a scientific photo then using it for decoration could be seen as a new purpose.
Question: Take a look at this blog story about Lunch & Learn. Is using this image considered fair use?
Answer: Not a solid case for fair use. Yes, we are in an educational context, but it's not particularly transformative use. Picture is used as decoration rather than to extend meaning or provide new purpose. There could be a market effect, particularly if the photographer is making money from his/her photography. We are making the photo available for download and reuse with no signals that it is protected.
Question: Take a look at this blog story about the Connick Stained Glass Collection. Is using this image considered fair use?
Answer: Good fair use case. It's supported by ARL Best Practices in Fair Use for Academic and Research Libraries which states, "It is fair use for a library to use appropriate selections from collection materials to increase public awareness and engagement with these collections and to promote
new scholarship drawing on them," or to create physical and virtual exhibitions. (Copyright was transferred to MIT Libraries, so in this case, we don’t need the fair use argument).
Question: Take a look at this blog story about Presidents' Day hours. Is using this image considered fair use?
Answer: Not a solid case for fair use. Yes, we are in an educational context, but not particularly transformative use. Picture is used as decoration rather than to extend meaning or provide new purpose. There could be a market effect, particularly if the photographer is making money from his/her photography. We are making the photo available for download and reuse with no signals that it is protected.
Question: Take a look at this blog story about Cookies with Canines. Is using this image considered fair use?
Answer: Don’t need fair use case, since these photos were taken by MIT Libraries’ staff. Since photos were taken as part of job duties, it is likely they are “work for hire” and belong to MIT.
In terms of privacy issues, ideally one obtains waivers from individuals who are recognizable in photos we plan to share, but at a public event where it’s clear photos are being taken, one can post a sign indicating the event is being captured on film and/or rely on the fact that it’s a group photo taken in a public place.
Question: Take a look at this blog story about Gardner Museum passes. Is using this image considered fair use?
Answer: Not a solid case for fair use. Yes, we are in an educational context, but not particularly transformative use. Picture is used as decoration rather than to extend meaning or provide new purpose.
What might alter the equation in this case? If we had taken the image from the museum’s own website and it is owned by them, it seems likely they would appreciate the additional promotion of their museum. This doesn’t mean it’s fair use but that it might not be questioned.
Question: Take a look at this blog story about open access in the news. Is using this image considered fair use?
Answer: Use of MIT content does change the equation. We don’t need a fair use analysis if MIT owns the content and we have an explicit or implicit permission to use in our context. In this case, we asked permission from the person pictured, to address any concerns.
Question: Take a look at this blog story about Cookies with Canines. Is using this image considered fair use?
Answer: Not a solid case for fair use. Yes, we are in an educational context, but not particularly transformative use. Picture is used as decoration rather than to extend meaning or provide new purpose. However, in this case, image was purchased from iStockphoto, so it is permissible to use and does not require attribution.