Visual Resources Association Bulletin

Letter from the Editors

Lael J. Ensor-Bennett — 2026-01-07

Guest editors provide background on how this special issue came about and offer insight to the selected articles.

Does Fair Use Survive the License? Fair Use in the Licensed Landscape: Rights, Risks, and Realities

Kyle K. Courtney — 2026-01-05

This article explores the complex relationship between copyright’s fair use doctrine and the restrictive licensing agreements that increasingly shape access to digital content in libraries, archives, museums, and the visual arts. As cultural institutions shift toward licensed content, platforms, and proprietary databases, a pressing legal question emerges: can fair use still be exercised within environments governed by licensing? Drawing on case law, scholarly analysis, and real‑world applications, the article argues that fair use remains a viable and essential legal right—even in the presence of a functioning licensing market. It identifies key scenarios where fair use can be harnessed lawfully, including for teaching, scholarship, and digital preservation. It offers practical guidance for navigating the intersection of copyright and contract, and calls for renewed confidence in fair use as a safeguard for access, equity, and educational freedom in the licensed landscape.

Copyright Law and the Visual Arts: Legislation, Litigation, and Community Practice

Allan Kohl — 2026-01-05

This historical survey focuses on developments in Anglo-American copyright law during the past three centuries, tracing how a system originally based exclusively on printed texts has gradually expanded its parameters to include works of art as well. Using visual examples as evidence, this overview reviews legislation (what the law actually says); litigation (how courts have interpreted the law); and the formulation of community practice standards that offer practitioners proactive guidance in navigating copyright’s “gray areas”. This study concludes by asking whether current American copyright law is capable of addressing increasingly complex questions of access and re-use in a rapidly evolving era of digital creation in our networked world.

Making Waves: Toward a New Model for Copyright Education

Open Copyright Education Advisory Network — 2026-01-06

This article discusses the current and future state of copyright education for visual resources professionals from the perspective of the Open Copyright Education Advisory Network (OCEAN). OCEAN launched in 2022 as a collaborative venture among copyright educators to maximize their efforts by working strategically to create complementary programming. OCEAN addresses library, archive, and museum professionals’ urgent need for copyright education that empowers them to continue and expand mission-driven activities.

The article briefly outlines the research and activities that led to the creation of OCEAN and gives an overview of OCEAN’s current education model in the context of the current copyright education landscape, leading to recommendations for the future of copyright education. The article draws on key findings from the white paper “The Library Copyright Institute, 2019-2025: Lessons Learned and Future Directions for Library Copyright Education.”

Implementing Indigenous Data Sovereignty in Rights Management: Local Contexts in Cultural Institutions

Emma Carter — 2026-01-02

Incorporating Indigenous data sovereignty and cultural authority should become standard in cultural institutions’ rights management practices. By implementing Indigenous rights, cultural authority, and data sovereignty into everyday practices, cultural institutions recognize Indigenous communities needs concerning the care and display of their cultural objects. Traditional rights management has always been in the business of building and maintaining relationships with creators (or their descendent(s) or designated rights holder(s)) and recording and honoring their wishes. Weaving Indigenous traditional knowledge and care into this established practice is the logical course of action. This case study summarizes Newfields’ process for implementing Local Contexts’ digital tools into its collection management system and online collections portal, showing its commitment to collaboration with Indigenous cultural authorities through Indigenous data sovereignty. Embedding their authority into a cultural intuition’s digital space puts Indigenous rights at the forefront in a visible and impactful way for users and stakeholders.

The Changing Landscape of Fair Use: Survey Responses

2026-01-07

In September 2025, the Guest Editors (Cynthia Mackey and Lael J. Ensor-Bennett) sent out a survey asking GLAM/R and visual resource professionals to submit a few words on their current application of fair use to visual resources and media management. For example, has the Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith (2023) U.S. Supreme Court case decision affected the application of fair use in their professional work? Or have their institutions issued new fair use guidelines? Are practices continuing largely unchanged? The answers received were wide ranging though there were a few themes running throughout the responses.

Appendix: Recent VRA Copyright & Fair Use Work

Lael J. Ensor-Bennett — 2026-01-06

A list of recent VRA efforts in the copyright and fair use arena from 2019 to present.