Can I re(prod)use that figure?

It will probably happen to you when you write your first review article. Or a book. Or even a conference contribution based on your own previously published paper. 

It is often said that a picture is worth a thousand words. And although we usually don’t interpret that notion literally, it reminds us that figures have the potential to visualise and describe research results much better than a lengthy block of text can ever do.

Figures have the potential to visualise and describe research results much better than a lengthy block of text can ever do. 

When you are ready to write up the results of your own research, it is therefore important to pay close attention to the way in which you portray your results by means of well-designed figures. But what if you are writing a major review article of the literature in your field based on results by colleagues? You may want to reproduce figures published previously to illustrate your points. For the sake of this blog post, when I talk about "figures", I mean any visual representation of data or apparatus in a scientific article. That could be a line drawing, a histogram, a graph, a photo or drawing of one's experimental set-up, a flow chart, a two- or three-dimensional image of one's data, etc.

So what are the ethical and copyright considerations around reproducing previously published figures? The good news is that in the vast majority of cases you will be allowed to reproduce such figures. You will just need to do your due diligence in acquiring permissions and providing proper attribution to the original author or authors of such figures.

Re-using your own figures

This also applies to re-using your own figures in a new publication. You may have run into these considerations in the context of conference contributions. If your conference paper was based on previously published research, it is likely that one or more of those previously published figures would make good illustrations in your conference contribution. Even if you made those earlier figures yourself, you will still need to provide a proper reference to your earlier publication. 

Ideally, you should modify the figure so that it is not exactly the same as the published version; your figure caption can then note that the new figure was “based on”, "adapted from" or “modified after” the original figure. These days, many peer-reviewed journals allow authors to retain the copyright of their own articles, in which case you can re-use you earlier work with proper attribution.

However, not too long ago, many subscription-based (paywalled) peer-reviewed journals required authors to transfer the copyright of accepted articles to the journal’s publisher. If that is the case, you should obtain permission from the publisher to reproduce any previously published figures, even your own! The good news is that in most cases, that won’t be a problem. Most journals will have a section on figure reproduction on their websites, sometimes hidden in the instructions for authors, but if not, make sure to email your publishing contact directly.

What about other figures?

If obtaining permissions is a consideration for the re-use of your own figures, you can imagine that you must proceed similarly if you want to reproduce figures published by other authors. Formally, that also applies to reproducing someone else's figures in a Master's or PhD thesis, although in practice copyright issues are usually not very strictly adhered to in a thesis context. Nevertheless, I once again recommend that you check the website of the original publisher to inform yourself about their reproduction and permission policies. Most publishers will allow you to reproduce their figures in a new publication, particularly if the new publication is academic or for non-profit purposes. 

You may need to obtain agreement from one of the original authors as well, although not necessarily from the corresponding author. I recently published a review article where this was a requirement for a few of the figures I wanted to include, and since some of those figures were rather old (they illustrated methods that laid the foundations of the field I was writing about), some of their original authors were no longer contactable.

Although in my own discipline in the physical sciences most of our publications are in the form of peer-reviewed journal articles, I have also published a number of books. My first book was a graduate-level textbook, for which I had selected almost a hundred figures as illustrations supporting my text. I found at the time that almost all publishers allowed me to reproduce their figures. 

My field (astronomy and astrophysics) is also blessed by having access to dedicated teams of outreach professionals who produce fantastic images to help us convey complex concepts to lay audiences (examples: European Southern Observatory, Hubble Space Telescope). And such images can be used without copyright considerations under one of a number of Creative Commons licences. 

In fact, the world professional body of astronomers and astrophysicists, the International Astronomical Union, supports the Office of Astronomy for Education, which has been running a number of annual competitions to produce images that illustrate concepts that are not yet available copyright-free, and which can now be used in textbooks without further constraints on obtaining permissions (provided that attribution to the original creator is included).

Copyright clearance

Since having published that textbook, I published an academic book on an aspect of the history of science, and I am currently finalising a biography about an historical figure from the eighteenth century. I have, meanwhile, also published almost two dozen articles on various aspects of the history of astronomy.

For my history articles and books, the types of illustrations are usually different from the hard-core (astro)physics figures. They are more likely historical documents, maps, paintings or sketches, or photographs. Obtaining permissions to reproduce such illustrations is often a bit more complicated. 

I have found that the majority of repositories in the United States—university libraries, the Library of Congress, museums, and similar institutions—will often grant permission to reproduce their images free of charge in exchange for proper attribution. You may have to go through a copyright clearance institution to obtain such permissions. 

My latest book, a biography of William Dawes, the astronomer who sailed on the so-called ‘First Fleet’ from England to Australia in 1787–1788, includes a large number of illustrations sourced from the State Library of New South Wales, the State Archives and Records of New South Wales, and the National Library of Australia. Those institutions have generously allowed me to reproduce their images free of charge. And although they prefer to be notified of reuse of their images, that is not mandatory.

A smaller number of my illustrations were sourced from European or Canadian repositories, and there my experience has been mixed. Some will allow you to use their images for free, properly attributed, whereas others may charge a nominal fee, which is usually quite reasonable.

Given that my historical research draws, at least to some extent, on British history, it follows that quite a few documents are held by British institutions. And while those institutions may allow academic researchers free access to their resources for study and research purposes, they often won’t allow you to reproduce their images without paying a fee.

In fact, in my experience, many (but not all) British institutions tend to charge the highest fees, ranging from about £40 to £120 per image. On a few occasions, I have been able obtain discounted rates, but even paying half of such fees will quickly deplete the rather limited budget allocated for that purpose by my publisher. 

Be resourceful!

I have also become quite adept at finding similar or equivalent images that are copyright-free and can be used without attracting any fees.

For my previous history of science book, and also for the Dawes biography, I have paid some of the fees, but I have also become quite adept at finding similar or equivalent images that are copyright-free and can be used without attracting any fees. Fortunately, many of my older images are "out of copyright" on account of their age—but check the legislation in your country of residence (and in the country where the image was first published) what "on account of their age" means in your jurisdiction! Copyright terms often run for up to 100 years (sometimes shorter, depending on the country of origin) after the death of an author or creator.

If you run into a requirement to pay up before reuse of an image, I recommend that you do your due diligence before agreeing to purchase the image, for instance:

• Check whether suitable, similar or equivalent images are available on Wikipedia. You can click through from embedded images on the main Wikipedia pages to their source at Wikimedia Commons. Wikimedia Commons pages usually include information on a figure’s provenance and its copyright status (although it is recommended to double check this independently if possible). 
• Check Google images for similar figures. Try different search terms and scroll through to the bottom of the page. You may be surprised by what you find.
• If you have found an illustration that is under copyright restrictions, you may be able to find similar images by uploading it to TinEye or Google images (click on the camera icon next to the search bar). TinEye will search for locations where your image is found on the internet, whereas Google images will find images that look similar. 
• I recently made a composite image based on screen captures from a YouTube video. The original photographs of my object were covered by copyright, but my composite image of YouTube screen grabs is covered by YouTube’s ‘Fair Use’ policy for academic purposes.

If you have found any other ways to source “free” images, please leave a note in the comments below!

Richard de Grijs is an academic and journal editor with more than 25 years of experience in the physical sciences. In March 2018, he joined Macquarie University (Sydney, Australia) as Associate Dean (Global Engagement). Richard is an AuthorAID Steward and INASP Associate. He presently serves as Managing Editor of the News section of the AuthorAID website.