Re: pictures in theses

From: Laura Gasaway <unclng[_at_]email.unc.edu>
Date: Wed, 30 Nov 1994 09:10:14 -0500 (EST)

     Given the wider distribution of dissertations and theses today, I generally advise graduate students to obtain permission to use photographs up front so that they are not forced into going back and trying to get permission retrospectively.

     While a fair use argument certainly can be made for the 1-2 copies of the dissertation, if the graduate student has any hopes of publication of the work more broadly, permission will be needed. Also, there is every reason to think that publishers or photographers may be more generous with their permission for inclusion of their works in dissertations than they will be later for publication in a commercial work.

     Lolly Gasaway, Director of the Law Library & Professor of Law
     University of North Carolina
     <unclng[_at_]email.unc.edu>


On Mon, 28 Nov 1994, Maryly Snow wrote:
>
> I believe there was discussion about this issue at least
> a year ago. If there was agreement, it was not apparent.
> For decades, masters and ph.d students have illustrated
> their theses with illustrations. These have most often
> come from books. The thesis are generally produced in
> 2, or more, copies. One or two copies must be given to
> the library of the degree-granting institution.
>
> The question came up of whether students could use images
> from books, which are copyrighted, in their theses. The
> fact the University Microfilms will produce microfilms of
> certain theses moves the thesis from a clearly unpublished
> scholarly writing much closer to quasi-published.
>
> My question is whether students can continue to images from
> books in their theses without having to get written
> permission from the copyright holder, as in the past, or
> whether they must now obtain permission. It is my
> understanding that Fair Use protects this type of use.
>
> Please comment.
>
> Now to make it a little more complicated: should they obtain
> written permission from a commercial vendor of an image?
> My feeling is yes, they should.
>
> Without any input from copyright attorneys and fellow librarians
> I would advise the student who came to see me to use the
> images from books but to obtain permission from the commercial
> vendors.
>
> Maryly Snow
> UC Berkeley
> Architecture Slide Library
> slides[_at_]ced.berkeley.edu
Received on Wed Nov 30 1994 - 14:15:54 GMT

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