An academic librarian relayed this question from a researcher/author:
First, some validation: the faculty member is wise to be considering this issue, since publishing contracts[1] almost always put the responsibility and liability for photo clearances on the author.
Our archive was part of a regional project to initiate, scan, and make available church records from predominantly African American churches within a city. As part of this project, student/graduate assistants went to the particular churches, scanned the historical records as digital files, and provided those files to [our archive] for public access.
This question is at the vertex of the law and ethics. What an institution may be positioned to do with archival images legally might not be what our society demands ethically. And if the issue impacts real people with real feelings, this conflict can lead to legal claims—regardless of solid footing based on precedent and the law.
Is it considered fair use for a student to reproduce a copyrighted photograph for public display in an academic institution having cited the original published source but not having sought and received express permission from the copyright holder? The image is reproduced in its entirety with overplayed text added by the student. The posters are the product of an academic exercise.
You, reader, will never know my answer to this question.
That’s because to truly answer it, I had to contact the member and get some more information. The information I received, and the answer I gave in return, were so specific, the content was no longer suitable for a general-audience response.[1]
