Image Use Protocol: When permission is required

Please click on sample cases to see detailed explanations and also to get permission request templates.

1. Permission to use a magazine illustration as your book cover
   • You want to use an illustration from a magazine that is still covered by copyright law for the cover of your scholarly publication. The publication is only owned by one library, and that library prohibits unauthorized use of its holdings. You will need permission from the owner of the magazine copyright and permission from the library that owns the copy you hope to use. Be sure that your permission requests specify that you would like to use the illustration for a book cover. Click here for documents for requesting permission from the copyright holder, and click here for documents for requesting permission from the library to use its holding.

    

2. Permission to use a museum's digital image of a publication (in the public domain) in your scholarly publication
   • You want to use a digital image of a publication that is in the public domain in your work. Although the image is not longer protected by copyright, the only access you have to it is through the museum that owns it, and the museum does not allow the use of images of its holdings without permission. You will need the museum's permission to use this image. Often museums provide their own request form(s), which may be available on their web sites. Make sure to check with them first. If there is no form provided, click here to get documents for requesting this permission and specifying how you hope to obtain the image.

    

3. Permission to use a copyrighted illustration on your institution's website
   • Your institution has a website on which you would like to post an illustration you have found in a book. You would like to edit the illustration to fit your needs. The book is still covered by copyright. You will need permission from the illustrator who produced the image and possible also from the publisher. Be sure to specify that you will need permission to both edit and reproduce the image. You should also clarify whether your website is publicly accessible or password protected. Click here to get documents for seeking permission from the illustrator and click here to get the documents from the publisher.

    

4. Permission to use a photograph in a book to promote a museum exhibit
   • Your museum would like to use a photograph in a book still under copyright to promote an exhibit you are curating. You may own the book, but you will still need permission from the photographer and/or the publisher in order to use the image in your promotions. Be sure to specify how you will use the image. For example, if you will use it in posters, on your website, or in brochures, you should make this clear in your requests. Click here to get documents for seeking permission from the photographer and here to get documents for seeking permission from the publisher.

    

5. Permission to use covers of manga books in promotion DVD for library holdings
   • Your library has a manga collection you wish to publicize in a promotional DVD. You would like to use cover images from some of those manga in your DVD. The manga artist is identifiable, and the book is still under copyright. You will need the permission of the manga artist and possibly the publisher (usually manga artists retain control of their copyrights) in order to use the covers. Click here for the documents you need to request permission from the manga artist and here from the publisher. You may find it helpful to ask the publisher of the manga to forward your request on to the artist.

    

6. Permission to use snapshots of conference participants in conference proceedings
   • You would like to use photographs you or a colleague has taken of participants in a scholarly seminar or conference in a record of the conference proceedings you are distributing to other scholars. In the photographs, individuals are clearly identifiable, and they are still alive. You may need permission from both the photographer (if it is someone other than you) and the subjects of the photographs. Click here for documents seeking permission from the photographers and click here from their subjects.

    

7. Permission to use images in the possession of a small town government
   • You want to use a photograph of a sculpture for your scholarly publication. The sculpture is owned by a local municipal government of Andocho. Andocho commissioned the work by a local sculptor who retains the copyright for the work. In this case, you will need to seek two kinds of permission: (1) permission from Andocho, which owns the sculptor, and (2) permission from the sculptor who owns the copyright. The artist and/or the municipal government may require that you use an official photograph of the sculpture. If you want to use your own photograph you need to make sure both parties agree. Click here to get documents for seeking permission from a municipal government and here to get documents for seeking permission from a copyright holder.
     Refer to a similar experience from a scholar.

    

8. Permission to reproduce a political poster available on the Internet
   • You found a political poster that would fit into your scholarly publication. The poster is available on the Web, and you have already downloaded the poster image. You need to get permission from the organization that created the poster. Click here to get documents.

    

9. Permission to use manga frames in your book
   • You would like to use two frames of copyrighted Japanese manga for your scholarly publication. You would like to scan these images from a magazine which carries this manga story. You need to seek two kinds of permission: (1) permission from the copyright holder, usually the cartoonist, and (2) permission from the publisher. Click here to get documents for seeking permission from the publisher and here to get documents for seeking permission from the copyright holder.

See also the section of the Image Use and the Copyright Laws.

The right holders relevant to the use of images are usually in the four categories listed below. You might need to obtain permission from one or more right holders to use that image.

1. Copyright holders

Copyright holders include authors of paintings, prints, sculptures, illustrations, manga, designs and photographers. Copyright holders may also be publishers or people who commissioned specific works. You must obtain permission to use their work for your scholarly publications when the images are still copyrighted under the US or Canadian copyright laws. For fair use or fair dealing regulations concerning image use, see Image Use and the Copyright Laws section.

2. Owners of objects

Whether the photographs are copyrighted or out of copyright, you need the permission of the owner of the object in the photograph. The owners of the object (for example, building, paintings, sculpture, etc.) are usually institutions or organizations such as museums, fine arts museums or temples, while in some cases, they are individuals. Objects in institutional holdings can be in possession of individuals in which case you will need to ask permission from these individuals.

3. Image owners

If you would like to use existing photographs or prints, you need to seek permission from the image owners. For example, if you want to use a photograph of an artifact owned by a museum, you will need the permission of the artifact owner as well as of the museum which owns the rights to the photograph. This also applies to situations where photographs are owned by municipal governments in Japan. If you want to use photographs already published in a book or in other media, you will need the permission of the book publisher or of other media as well as the owner of the original photograph.

4. Subjects in photographs

If a person is in the photograph, it is necessary for you to obtain the permission of the photographed person, or the successor or assignee of such rights, to avoid an infringement of the right of likeness or privacy under the privacy laws and/or right of likeness.

More about using photographs:

When a photograph is in a published work, it is advisable to contact the publisher first because s/he may provide you permission directly. The publisher may also refer you to the right holders and provide you with contact information. In other cases, please consult the Useful Links section in this guide to research who is a right holder and submit your permission request using the appropriate template in the Permission Request Templates.

When you would like to use your own photographs for publications, it is advisable to seek permissions from the right holders at that time when you take them.