Fair Use Image Info
This section pertains primarily to certain images that are used within the Coloradotopia archives. Some images may be published and discussed on this website under fair use provisions of U.S. copyright law.
When determining fair use of these images, in addition to the 4 basic factors that need to be considered, further consideration has been given to all factors which have been compiled by the Columbia University Libraries for this purpose. This list is viewable on archive.org here.
The weighting of those factors in determining fair use of images in the Coloradotopia archives is addressed and discussed below.
Effect
This is one of two predominant factors in determining fair use in this case.
Coloradotopia has lawfully purchased and acquired the original photograph or postcard.
There is no significant effect on the market or potential market for the copyrighted work.
There is no similar product marketed by the copyright holder.
There is a lack of any licensing mechanism.
Considerations against fair use are heavily offset here by those favoring fair use.
Purpose
The purpose of the image use on this website is also a predominant factor in determining fair use in this case.
- There is significant editorial discussion of the images, as opposed to them being used as tools to tell another story.
- The primary purpose of publishing the images is to establish a historical record and build a dating reference for other photographs. This includes the purposes of research and scholarship.
- The purpose of the images has been transformed from their original purpose of communication and being memory keepsakes, into being a reference material that establishes a historical timeline. This historical timeline of the Continental Divide signs has not yet been established or documented elsewhere.
- Images are not being printed for sale or used for direct commercial activity, such as turning them into posters or stickers etc. Images may indirectly benefit the website; however, this aspect is far outweighed by the editorial use and historic, scholarly aspects. Editorial content creators are generally allowed to sell advertising at some point in their programming or content. The indirect revenue aspect does not outweigh the primary purposes.
Amount & Nature
The amount used is appropriate for the favored educational purpose. This favors fair use.
While some published works, such as postcards, may be considered partially or entirely creative, their nature as published work helps favor fair use.
While the use of unpublished works does not favor fair use, this is offset by the importance of these works towards favored educational objectives, as well as the dominant factors mentioned elsewhere on this page.
Image Removal Requests. If you hold a valid copyright for an image on this website, and would like to request that it be removed, please contact us here.