Image use in scholarly communications, like articles, books and of course assignments and theses are a practice that has been going on for many years. However, with the unlimited access created by our new digital and connected world it can make it difficult to navigate the legal way in which images can be used.

This short guide on image use while studying or working at the University, can hopefully shed some light on the matter. Let’s have a look at what images are in terms of copyright.

Artistic works

Images fall under the umbrella term of artistic works. Artistic works can be:

• Graphic works like paintings, drawings, graphs, maps, charts or plan; engravings etchings, lithographs, woodcut or similar; typeface.
• Photographs.
• Sculpture, collage and architecture.
• Works of artistic craftmanship.

This guide will only look at some type of graphic works (drawings, graphs, charts) and use the term image to include them. Photographs fall under a different rule to images.

For more information on other artistic material, please get in touch with the Copyright and Licensing Manager.

Author

The author of an image is the person who is responsible for its design. For a photograph that can be a bit more complicated.

• Photographs taken at any time: The author is the person who created the photograph.
• Photographs created before 1 July 1912: The author is the person who created the photograph, unless the photograph has been commissioned.
• Photographs created between 1 July 1912 and 31 July 1989: The author is the person, who at the moment the photograph was taken, was the owner of the material (negatives). However, if the ownership was subsequently transferred and copyright was transferred as well, that would be the new copyright owner. This rule does not apply if the photograph was commissioned.
• Photographs created since 1 August 1989: The author is the person who created the photograph, normally the photographer.

It is important to note here, that even if an assistant of a photographer pressed the shutter button to take the photograph, if the photographer is the one who created the still, they are the first owner of copyright.  If a photograph was taken during the course of employment, the employer will be the first copyright owner.

If a photograph is merely a reproduction of another work, there may well be no copyright at all.

Copyright protection and duration

Copyright is an automatic right which applies to artistic works the moment these are created in physical (digital) form. You do not need to add the copyright symbol © to your work or register your work (in the UK) to get protection, however, it is advisable to use it to assert your rights but also to make it easier for people who would wish to use your creations to identify you as the author and copyright holder in case they wish to seek permission.

Standard copyright duration in the UK is the lifetime of the author plus 70 years.

Photographs taken during certain years as well as the fact that they are either published or unpublished differ from the above rule. Please get in touch with the Copyright and Licensing Manager if you have any questions.

How to use images

Using images in your research can enhance and explain your research to people. It can also break up text and express text in simpler ways. While studying and / or working at the University, certain exception to copyright can be used to use images without requiring permission or paying for licensing. However, other type of work that you might undertake, like for example using images in published pieces, be it on websites, blogs or in journal articles will require permissions or licenses.

However, if the images are in the Public Domain (copyright has expired or relinquished – please note this does not mean the entire Internet. However, you can find public domain items on the Internet, the Internet in itself is not the public domain) or under Creative Commons (CC) licensing then they can be used by following the requirements of the licenses.

It can be a complex maze to understand how to use images, but I will do my best to break it down further.

Assignments

If you are a student at the University and wish to use images in your assignments for the purpose of illustration for instruction, you can use images as long as you cite them correctly. Please do not modify or change images in any way unless the licence under which they are published allows modification.

There are free to use stock images and vectors in Microsoft 365, which can be used without issues. It is still useful to state were the images originated from so that people can find them and use them if they wish to.

You can also find free to use images on popular Stock sites. The University subscribes to Adobe Stock library, and images from Adobe Stock can be safely used for blog posts, websites and assignments.

Using images on slides

When you are using images on slides, be it for your teaching session, student presentation sessions or during a conference, some exceptions apply.  

When it comes to teaching sessions or student presentation sessions, you can rely on the illustration for instruction exception to use third-party images without requesting permission. However, please make sure you cite your sources, as seen in the example above. When it comes to recording your presentation during your teaching session, you create a secondary copy which is not covered by the illustration for instruction exception, and such is considered infringement. Make sure that you edit out any third-party material.

Same goes for any conference presentations which will be shared on open websites or recorded. Here it is especially important to make sure any third-party material is cleared. Some conference providers will have rules on image use in presentations. Please make sure you follow those.  

Theses

Theses are slightly different. You can still use an exception to copyright to use images in your examination copy, however, once you pass your viva and are ready to upload your thesis to Loughborough University’s Research Repository, if you have used extensive third-party copyright images, you will need to ask for permission and / or pay licensing fees to re-use them. You could redact them as well. More information on this can be found in Keeping Your Thesis Legal booklet.

If you wish to publish your thesis as an article or book chapter, or book, you will have to request permission or pay licensing fees, unless the images are under a CC licence.

Scholarly communications or journal articles, book chapters, books, etc. aka publishing your research

In general, for any type of publication you will need to make sure any third-party copyright images have been cleared. Each journal and publisher will have their own author guidelines and requirements on how to clear image rights.

The UKRI has published a very good guide on Managing third-party copyright for research publications. The document is intended for monographs or book chapters but can be applied to other scholarly communications such as journal articles as well. Please be aware that photographs do not fall under the fair dealing principle, and you will always require permission.

If you use previously published material, many publishers will make use of copyright clearance centres to request permission for use. These usually come with a fee. Please bear in mind that you will be responsible for paying said fee.

Remember!

There is no hard or fast rule on image use, it will always depend on the use. It is always easier to use material that is already in the public domain or material published under a Creative Commons licence. I do appreciate that that is not always possible. Depending on the use, you will be required to ask for permissions. For publications it is extremely important to clear all third-party copyright in the images you use. Read the author guidelines carefully and speak with your publisher about copyright.

Remember that material found on the Internet has the same copyright protection as physical items.

We also have a sourcing materials section on our copyright webpage to help find the right image.

If you have any questions on using images, please contact the Copyright and Licensing Manager for Loughborough University.