public domain images

need to obtain permissions for digital images?

[ajanderson]

I work for a university and am brand-new to to the world of copyrights. My department offers online-only courses, and the website we use is password-protected (i.e., only enrolled students, the instructor, and web designers can access the material in each course).

With that said, one of my instructors wants to use a lot of images in his course. Nearly all of them are images of two-dimensional paintings and illustrations from before 1923. The museums' websites all say that permission and, more often than not, a fee is required to use images of these paintings.

Do I need to obtain permission to use digital images (exact duplicates) of these paintings? After reading about Bridgeman Art Library v. Corel Corp. case, I don't think so, but I want to be sure. I thought I'd appeal to the wisdom of members here :)

Any info is much appreciated!

Thanks!

[BigDave]

Assuming you are in the United States, I would say to go ahead and use them. But every University I know either has legal counsel on staff or on retainer, so why don't you ask them. That way *you* are covered if there are any problems.

you could also discuss with the library about putting them on electronic reserve for the class, which takes advantage of the significant fair use allowances given to libraries and educational use.

And if you are at a state owned institution, the university cannot be sued for monetary damages, which is another reason to get official permission or let the library handle it.

[ajanderson]

Hi BigDave,

Thanks for the reply and the advice! I am in the United States. I have appealed to a few people on campus for advice but am having a hard time getting a response, which is why I posted here. I'll definitely try contacting them again, just to have proof of "good faith effort," if nothing else.

And, unfortunately, my instructor does not want to use electronic reserve for some reason, so that's not an option. Good idea, though.

Thanks for the help! Cheers...