My favorite source for this kind of information is the Library of Congress, home to both the partly-digitized and publicly viewable Prints & Photographs Collection, and the U.S. Copyright Office.

They have posted a lengthy discussion, with links to many other resources:
http://www.loc.gov/rr/print/195_copr.html

See section 3 for how the Library itself determines which images to display publicly. The implication is that they do a rights analysis for everything they post (!) but you might want to contact them by email or phone to inquire further. http://www.loc.gov/rr/askalib/ask-print.html


Genny Engel
Sonoma County Library
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707 545-0831 x581
www.sonomalibrary.org

-----Original Message-----
From: Code for Libraries [mailto:[log in to unmask]] On Behalf Of Derek Merleaux
Sent: Wednesday, January 04, 2012 10:39 AM
To: [log in to unmask]
Subject: [CODE4LIB] 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