Re: Images in high school pubs

Jason R. Berne <jberne[_at_]stlnet.com> wrote:
>
> Can anyone recommend a good source for information on the application
> of copyright law to a publication of a private high school?
>
> A friend is the moderator of a literary magazine put out three times
> a year by private high school. The school does charge a nominal fee
> for each copy ($0.25, I think), but does not actively distribute the
> magazine outside the school. I believe they print several hundred
> copies One student wants to use a copyrighted photo that appeared
> locally (and probably elsewhere) in a commercial newspaper. The
> photo is to accompany an original poem of the student.
>
> Would such use fall under "fair use"? Would it matter if the school
> did not charge for that issue of the magazine?
>
> They also have an online edition available through the school's web
> site. Would this affect the analysis?
>
> Lastly, if the school's use (either in print or online) would be deemed
> a copyright infringement, what would be the likely remedy?

If you want to use a photograph that has been previously published, you need to figure out who owns the copyright in the photograph. This is probably the photographer, but could be the newspaper. Some newspapers will give permission to a school to re-publish, as long as you attribute the source to the newspaper. You should get any permission in writing.

If you cannot get permission, then the issue is too complex to analyze here. I recommend you contact a copyright attorney in your area, who can help you sort through the facts and determine if you can publish without permission, under a fair use analysis. Even if you have a clear cut (and few are) situation in favor of fair use, that does not guarantee that you would not be sued, and forced to defend yourself in court. This is why I often recommend that you get written permission, and properly attribute the work to the photographer, and the newspaper. Make sure you get permission from the owner of the copyright in the photo (an attorney can help here, as well -- more info is needed to determine this...)

-- 
Thomas E. Workman Jr.
41 Harrison Street
Taunton, MA 02780

EMAIL: tworkman[_at_]erols.com
Phone: (508) 822-7777
Fax:   (508) 824-2820