Images for Publications

Preparing images for a publication can be a frustrating process, with many small details and gray areas, whether you are using hard-to-find or open access images. In either case, you will likely need to make some judgment calls; to help you make those decisions, we’ve compiled a list of commonly asked questions and tips to get you started. The following is not intended to provide legal advice, but instead to share the patterns that we have noticed over time and the suggestions that grew out of them. That said, so much of this work is done on a case-by-case or it depends basis. Please email [email protected] to set up a meeting to discuss your specific circumstances.

The Basics

Where should I start?

Make a list of the images you need: it’s helpful having a central place to refer back to. Include the following data about each image: artist; title; date; repository; perhaps a thumbnail of the image. Use a platform like Google or Dropbox to collaborate with co-authors and publishers. Track caption and credit line text and, importantly, notes about your progress acquiring rights and permissions. 

When should I start?

As soon as possible! Some image searches and orders resolve quickly. Others take a long time–with multiple administrative channels to navigate and email reminders to send out. Start early; that way, if you have to change directions and pick a different image to illustrate your point, you will have time to do so. 

What do I need?

Your publisher will have requirements and recommendations regarding the physical characteristics of image submissions (e.g.: color or B&W; resolution; file type, etc.) as well as copyright requirements (i.e.: the extent of your responsibility in clearing rights).  

Where can I get publication-quality images?

Museum websites and image repositories are a great place to start. They will likely have good quality, current photography of their collections and if not, may arrange to have this carried out. Many institutions are striving to make their collections available online, some with clear copyright status statements within records. However, many still charge for publication-quality images and the rights to use these; all new photography typically comes at a cost.

How do I get images from a repository?

Search for the name of the repository and some combination of “images; publication; rights; license” and you will find information about the office that handles image permissions. In some cases you will be emailing someone directly, but there are often request forms to fill out. When in doubt, cast a wide net and email the institution’s general “info@” address to be directed to the correct office or individual. Note that when you first contact a repository or museum, you should be sure to include as much information as possible about your requested image and its intended use.

Sometimes museums have exclusive contracts with image vendors (e.g.: Art Resource, Bridgeman Images, akg-images, etc.) and your request may get bumped to these third parties. You will sometimes need to sign a licensing contract. 

I’m a graduate student. Are there resources to help me fund image orders?

Princeton graduate students can apply for a reimbursement of image fees from the Reproduction and Photography Fee Fund. Note that when requesting images from repositories, museums, and vendors, it does not hurt to mention that you are a student; sometimes, suppliers are willing and able to lower fees.

Do you have any advice about captioning images for publication?

Please consult the Department of Art and Archaeology’s Style Sheet for detailed guidelines for and examples of image captions.

Copyright and Permissions

Since I’m writing a scholarly paper, can I just use any image? It’s fair use, right? 

You should make the effort to obtain images in good faith. But, if you have done your due diligence and exhausted all means, you can opt to use the image with a fair use exception. At some point in this process, you’ll need to assess the level of risk that you are comfortable taking, and how this aligns with the requirements of your publisher.

Wait, what is fair use?

Fair use is essentially a defense for copyright infringement. It is an exception that permits the limited use of copyrighted material without permission from the copyright holder. There is a four point check system to determine if a particular use qualifies. According to the Copyright Law of the U.S. (Title 17) you want to check:

  • the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  • the nature of the copyrighted work;
  • the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  • the effect of the use upon the potential market for or value of the copyrighted work.

To summarize, the main questions you’ll want to address are: 

  • was the work transformed somehow? 
  • did you use it for a new or different purpose than intended (e.g.: did you add commentary, etc.)? 
  • and, did you only use what you needed (e.g.: a small photo of part of an installation, etc.)?

What exactly am I trying to get permission to use?

Another not-so-straight-forward aspect of image permissions is the layered makeup of an image: there’s the photograph itself and the underlying work captured by the photograph. 

Consider the following for example: a recent image by a museum photographer of a first century CE sculpture. In this case, an institution will license the image for your use and you’re done: the underlying work is well within the public domain. 

If you are discussing modern and contemporary artists, you will not only need to license the photograph of the piece but may also need to seek additional permission from the artist themselves or, more likely, their representative (e.g.: rights and monitoring organizations such as Artists Rights Society (ARS), estates, galleries, etc.), to publish the image. Repositories and image suppliers will often prompt you to further check with the artist.    

What does it mean for something to be in the public domain?

Public domain refers to the status of a creative work that is no longer protected by intellectual property laws. When a work is no longer under copyright, it is in the public domain and can be used therefore by anyone for any purpose without permission.

How do I know if something is in the public domain? 

This can get complicated, but some general rules are: 

  • for works created by a specific individual: works enter the public domain 70 years after the death of the creator.
  • for anonymous, pseudonymous, or works for hire: works enter the public domain 95 years after the initial publication of the work or 120 years after the creation of the work,  whichever comes first. 

I’ve altered someone else’s image somehow (e.g.: cropped it, overlaid another image, etc.); I don’t need to clear permissions, right?

We still recommend checking with the creator or host institution. But, you can examine your use against the Fair Use criteria outlined above and make your decision. 

Can I reuse images from books?

Look in the publication for image credits and follow these paths. Sometimes a photographer or holding repository or museum is indicated; it’s good practice to try to contact this individual or institution for more information about image reuse.

Next Steps

I’m still stuck. What can I do?

If you hit a brick wall communication-wise, or if there is no reasonable way to obtain the file of the image that you’ve found and want to include in your publication, the Visual Resources team may be able to help. Please email [email protected] for more information.