Incorporating someone else's image into your work may or may not be permissible under U.S. Copyright Law. It is your responsibility to determine whether your use of an image is legal. The Advocate Health - Midwest Library cannot offer legal opinions nor make determinations on whether your use of an image would be considered a fair use. For more information on fair use, see our Copyright guide.
Some factors you may need to consider when using an image:
- Section 101 of the U.S. Copyright Act designates images as “pictorial, graphic, and sculptural works” and defines these works to include: two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans.
- If you have a specific image that you want to use, determine the legality of using the image before you use it. If you cannot determine that is is in the public domain or that there is a creative commons or other license associated with it, you should assume it is copyright protected. Consult our Copyright guide for information on copyright law.
- While an image may be a small portion of an article or a chapter in a book, the image itself may constitute an entire copyrighted work in and of itself. Therefore, when weighing fair use factors, the amount and substantiality of the work used could constitute a use of the whole work.
If you have questions regarding the legality of using an image, please consult an attorney.
