US Introduces New Copyright Exemptions
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Q&As on when you need copyright permission to use images
April 2009
This information is for general guidance only; it is not legal advice.
First read:
- copyright basics webpage
- when you need copyright permission webpage
- Artworks: getting permission information sheet
- Q&As on when you need copyright permission generally
| question | answer | more | ||
|---|---|---|---|---|
| Do I need permission to make copies of a painting I own? | You are not usually entitled to make copies of an artwork you have bought, unless copyright in that artwork has expired. A transfer of ownership of copyright must be in writing and signed by the copyright owner. In most cases, an artist who sells a piece of art keeps the copyright, and the purchaser needs the artist’s permission to reproduce the artwork. | QA0098 | ||
| Can a gallery charge me a fee for reproducing a work that is held in its collection? | In some cases, galleries own copyright in works in their collections, and you need the relevant gallery’s permission to reproduce the work. In other cases, the copyright is owned by someone else, or has expired. In some cases, galleries charge an “access fee” to reproduce works in their collection, even if the gallery does not own copyright or the copyright has expired. If a gallery has requested a fee, you may need to check what the fee is for. | QA0099 | ||
| Do I need permission to copy a photograph of an artistic work from a book? | There may be two copyrights: copyright in the artistic work (for example, a painting) and copyright in the photograph of the artistic work. You will generally need permission from the owner of copyright in the artistic work unless the copyright has expired. It is not clear whether you need permission in relation to the photograph, where the photograph depicts nothing but the artistic work and is indistinguishable from other photographs of the same work. There are strong arguments that you do not need permission in such cases. However, if the photograph of the artistic work is distinguishable from other photographs of the same artwork, you will generally need permission from the owner of copyright in the photograph. | QA0100 | ||
| Do I need permission to use clip art images in a document I am creating? | You should check whether the licence agreement which came with the clipart software (or appeared on the website from which you downloaded the clipart) allows you to use the art in the ways you want. If you are uncertain whether you are allowed to use the material in your document, you should check with the distributor or copyright owner. | QA0101 | ||
| Do I need permission to put an artwork onto my website? | Generally, yes. If the work is protected by copyright you will need permission from the copyright owner to communicate the work to the public via the website, unless one of the exceptions to infringement applies to the situation. | QA0102 | ||
| Can a government department or agency reproduce my local area map in a publication? | If the department or agency is part of a Commonwealth, State or Territory government it can rely on the special exception for copying by the government, if it is copying for the services of the government. If you own copyright in the map and you are a member of the Copyright Agency Limited (CAL), you will be eligible to receive a payment from CAL for use of your map by the government. For more information, see our information sheet Governments (Commonwealth, State and Territory). The government copying exception does not apply to local governments; they need to obtain your permission. | QA0505 | ||
| Can I hand draw a chart of marine features from one that is already available? | You do not have the right to reproduce a map or chart simply because you own a book in which it is reproduced. If you own a printed copy of a map or chart, you will need to get permission to use it in the ways reserved to the copyright owner (unless copyright has expired, or an exception to infringement applies). | Maps and charts | QA0503 | |
| Can I reproduce maps and charts that are in books or on posters that I own? | You do not have the right to reproduce a map or chart simply because you own a book in which it is reproduced. If you own a printed copy of a map or chart, you will need to get permission to use it in the ways reserved to the copyright owner (unless copyright has expired, or an exception to infringement applies). | Maps and charts | QA0504 |