Copyright: Images, Open Access, and Fair Use for Artists and Art Historians

I. Introduction and Resources:

The workshop will begin with a brief overview of the basic foundations of copyright law including the rationale behind these concepts, specifically as they relate to artists and art historians.

II. Application:

The facilitator will introduce three “real-life” copyright case studies that artists and art historians generally encounter in the professional context and identify available resources to navigate typical challenges. Through problem-solving and guided discussion, the participants will apply these resources, in addition to their own personal experience, to the case studies and develop a “tool box” of copyright-related strategies.

Case Study #1: What qualifies as a “fair use?”

• What are the four factors of fair use?
• How does the flexibility of the fair use doctrine apply to different environments, technologies, and uses

Case Study #2: What is “open access?”

• What does open access mean?
• How can I identify images that are open access?
• How should I attribute open access images?

Case Study #3: What are the boundaries of fair use and open access in the international context?

• What is the difference between fair use and fair dealing?
• What impact will the new EU Copyright Directive have on open access and image fees?
• What are some best practices for creating a cross-border digital images project?

III. Conclusion:

This part of the workshop will highlight the similar challenges across the three case studies and identify key takeaways that the attendees can use in their own professional work.