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If I understand what you are asking, about what we tell our patrons about what they can do with our images... One of the most important principles of rights law (that I have learned in the past 4 years) is that it is not the librarians' responsibility to advise patrons on the law about what they can and cannot do with images. In fact, it is not advised that we do that at all. This was a shocker to me when Peter Hirtle reviewed the Capture and Release report. The less said the less the risk to the institution. Jen -----Original Message----- From: Erway,Ricky Sent: Wednesday, January 04, 2012 2:24 PM To: LeVan,Ralph; OPORS Subject: RE: institutional fair use policies for digitized image collections The Well-Intentioned Practice document! http://www.oclc.org/research/activities/rights/practice.pdf While focused on collections of unpublished works (which often have complex or unknowable rights status), a lot of it is good advice for any collection (and it has lots of backing and support, http://www.oclc.org/research/activities/rights/support.htm). -----Original Message----- From: LeVan,Ralph Sent: Wednesday, January 04, 2012 11:03 AM To: OPORS Subject: FW: institutional fair use policies for digitized image collections I remember the report telling collecting institutions to go ahead and put their stuff online. But, what advice did we give them on their patrons' rights? Ralph -----Original Message----- From: Code for Libraries [mailto:[log in to unmask]] On Behalf Of Derek Merleaux Sent: Wednesday, January 04, 2012 1:39 PM To: [log in to unmask] Subject: institutional fair use policies for digitized image collections I'm working with some folks at my institution to open up policy on fair use and online digital collections. Our counsel has made it clear that we'll see more success if we can point to examples from other large digital collections. A lot of surveying of copyright and TOS pages from many online collections has given me a good general idea what collection posters are telling their patrons about fair use, but I need some examples of what administrators are telling the collection posters about what they can and can't claim (esp. in regards to collections open to the world that may contain large numbers of orphan works). It does seem clear that many have decided that a low-resolution digital image of a collection item (even if that item might be in copyright) is ok w/in the spirit of fair use if it's clearly posted for educational purposes. I just need some documentation of that policy. What I'm hoping to find is documentation (internal or otherwise) that basically states, "we think it's legally ok (for fair use or other reasons) to post online a digitized image of a collection object even if there's a chance that object is under copyright protection." If there is any chance you could point me in the direction of such documentation or someone who would know how to locate it I would be much obliged. Derek Merleaux