Fair Use: The basics For Digital Art History Institute, UCLA, 2015

References: Four factors: Purpose and transformation Nature of the work Percentage or portion Effect on market value

Four: Museum uses PRINCIPLE: Museums and their staffs may invoke fair use in using copyrighted works, including images and text as well as time-based and born-digital material, in furtherance of their core missions, subject to certain limitations: LIMITATIONS When copyrighted works are used in connection with physical or virtual exhibitions, the use should be justified by the curatorial objective, and the user should be prepared to articulate that justification. The amount of a work used in museum publications, the size and resolution of published reproductions, and the level of fidelity of those reproductions should be appropriate to the analytic or educational purpose. Downloadable images made available online should be suitable in size for full-screen projection or display on a personal computer or mobile device, but generally not larger. When image details and support for “close looking” are offered online through large or high-resolution images, downloading should not be facilitated unless a special justification is present. Images provided to the public should be accompanied by attribution of the original work as is customary in the field, to the extent possible. Images and other documentation of museum collections should be associated with all appropriate and reasonably available metadata. Images and documentation of museum collections should honor institutional policies designed to protect noncopyright interests of third parties, including the privacy of individuals and the cultural sensitivities of communities.