ACADEMIC TOOLKIT

Copyright, Fair Use, and Plagiarism

Overview

This Academic Toolkit provides essential guidance on understanding copyright law and applying fair use principles when incorporating images into research. It explains the fundamentals of copyright protection, explores the four factors of fair use analysis, and outlines best practices for legally using images in academic work. By developing proficiency in evaluating and applying fair use, students will enhance their research integrity and avoid potential copyright infringements in their scholarly endeavors.

Key Concepts

Understanding copyright law and image ownership

Analyzing the four factors of fair use

Identifying public domain and Creative Commons images

Properly attributing and citing image sources

Evaluating transformative use of copyrighted images

Applying discipline-specific image use conventions

Creating original visual content for research

Following ethical image use practices

Resources

Use resources like Britannica Academic and faculty support.

Consult your university library’s copyright resources.

Refer to discipline-specific citation guides.

Explore Creative Commons and public domain image repositories.

Step-by-Step Guide

Understand Copyright Basics for Images

Recognize that copyright protection applies automatically to original images at the moment of creation.

Understand that, in the United States, copyright generally lasts for the life of the creator plus 70 years.

Identify who owns copyright in different scenarios (photographer, artist, employer in work-for-hire situations).

Recognize that purchasing or accessing an image does not confer copyright ownership or usage rights.

Example: A photograph taken by a professional photographer in 2015 is automatically protected by copyright, even without a copyright symbol. The photographer (or their employer if taken as work-for-hire) owns the exclusive rights to reproduce, distribute, display, and create derivative works from that image until 70 years after the photographer’s death.

Note: Copyright law varies by country. While this guide focuses primarily on U.S. copyright law, be aware that international research may require consideration of different legal frameworks, such as the Berne Convention or country-specific regulations.

Apply the Four Factors of Fair Use Analysis

Four Factors of Fair Use Analysis

Factor	More Likely to Be Fair Use	Less Likely to Be Fair Use
Purpose and character of use	Use is for nonprofit educational purposes	Use may involve commercial gain
Nature of the copyrighted work	Image is more factual/documentary in nature	Image is highly creative
Amount and substantiality	Using only a portion of the image	Using the entire image
Effect on potential market	Use has little to no negative impact on the market value of the original work	Use might have negative impact on the market value of the original work

In addition, consider whether your use is transformative (using the image for a new purpose or adding new meaning or insight). See step 6, below.

Example: Using a small thumbnail of a famous painting in an art history paper analyzing the work’s composition would likely be considered fair use because it’s for educational purposes, uses only what’s necessary for analysis, transforms the original purpose from aesthetic to analytical, and doesn’t harm the market for the original artwork.

Note: Fair use is determined on a case-by-case basis. No single factor is determinative, and courts weigh all four factors together. Nonprofit educational use alone does not automatically qualify as fair use.

Identify and Use Alternative Image Sources

Search for public domain images (works with expired copyright or dedicated to the public domain).

Utilize Creative Commons licensed images, paying careful attention to specific license requirements.

Access your institution’s licensed image collections through the library.

Consider using images from U.S. government agencies, which are typically in the public domain.

Explore options for creating your own original images, charts, or diagrams.

Example: For research on architectural trends, you could use images from

•Public domain sources: Photos of buildings taken more than 95 years earlier (e.g., in 2025, works from 1929 will enter the public domain)
•Creative Commons: Modern building photos with CC-BY licenses from Flickr
•Government sources: National Park Service photos of historic buildings
•Original work: Your own photographs of local architecture

Note: Even when using public domain or Creative Commons images, proper attribution remains an academic integrity requirement, even if not legally required.

Properly Attribute and Document Image Sources

Include complete citation information for all images used in your research, following your discipline’s citation style.

Provide attribution directly with the image (caption) and in your references or works cited.

Document the source URL, creator, copyright status, and date of access for online images.

Keep records of permission requests and responses if you’ve contacted copyright holders.

Include appropriate Creative Commons license information when using such images.

Example:

Image citation in APA style:

Figure 1. The Persistence of Memory, by Salvador Dalí, 1931 (Museum of Modern Art, New York).
https://www.moma.org/collection/works/79018

Note: Documentation practices protect both your academic integrity and provide a record of your good-faith effort to comply with copyright law, which can be important if fair use determination is questioned.

Analyze Specific Use Cases in Academic Contexts

Classroom presentations and student papers: Generally protected as fair use when access is limited to class members.

Theses and dissertations: Require more careful analysis as they may be published and publicly accessible.

Journal publication: Most restrictive context, often requiring explicit permission for copyrighted images.

Online posting: Consider the broader audience and potential implications for market impact.

Example:

Using a copyrighted image in these contexts requires different approaches:

•In a classroom PowerPoint presentation: likely fair use, attribution needed
•In a dissertation: may need permission if publishing online, depending on image and use
•In a journal article: usually requires permission from copyright holder
•On a public website: highest risk; permission typically needed unless clearly fair use

Note: The more publicly accessible your work will be, the more carefully you should evaluate fair use or seek permissions. Some disciplines (like art history) have developed specific guidelines for image use in scholarly contexts. Developing discipline-specific awareness of image use conventions in your field is important.

Transform Images Appropriately for Fair Use

Modify images to include only the portions relevant to your analysis.

Add your own analysis, annotation, or commentary to images when appropriate.

Use lower-resolution or thumbnail versions when possible.

Consider creating your own diagrams or illustrations based on (but not copying) existing images.

Limit the number of images used from a single source.

Example: When analyzing a painting’s composition in an art history paper, you might crop the image to focus on a specific element, overlay analytical lines showing perspective, or juxtapose multiple works to highlight stylistic evolution—all of which strengthen the transformative nature of your use.

Note: Transformative use is one of the strongest arguments for fair use. By using the image as the object of scholarly analysis rather than simply for decoration or illustration, you strengthen the fair use case.

Seek Permission When Necessary

Identify situations where fair use may not apply (commercial applications, extensive use, publicity).

Locate the copyright holder through sources like the United States Copyright Office, the publisher, or the creator.

Draft a clear permission request specifying exactly how you plan to use the image.

Provide sufficient time for response before publication deadlines.

Document all permission correspondence, and keep it with your research materials.

Example: Permission request example: “I am a graduate student at XYZ University researching 20th century photojournalism. I would like permission to reproduce your photograph [specific description] in my thesis, which will be published in our university’s online repository. The image would be used to analyze the compositional techniques that made this image iconic in its coverage of [event].”

Note: Sometimes permissions may involve fees or specific requirements for attribution. If you cannot secure permission or afford the fees, consider alternatives like describing the image instead of reproducing it or finding similar content with less restrictive licensing.

Tips and Best Practices

Start with a fair use analysis before seeking permission or alternative images.

Create a personal reference guide of reliable image sources for your field.

Develop a consistent system for documenting image sources and permissions.

When in doubt, seek guidance from your institution’s copyright librarian.

Consider how image placement and size relate to your fair use justification.

Keep abreast of evolving copyright law and fair use cases related to academic use.

Explore text-based alternatives when image use rights cannot be secured.

Common Pitfalls

Assuming all educational use automatically qualifies as fair use

Using images found on Google without checking copyright status

Failing to document the source of public domain or Creative Commons images

Overlooking institutional policies on image use in research publications

Applying overly broad claims of fair use in publicly accessible work

Neglecting to consider international copyright implications for global research

Next Steps

Review your institution’s specific copyright policies and available resources for image use in academic work.

Create a personal image source repository by bookmarking reliable public domain and Creative Commons image collections relevant to your field.

Practice conducting fair use analyses for specific images you plan to use in your current research projects.

When preparing work for publication, establish a timeline that allows sufficient opportunity to secure permissions if needed.

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