We assume that providing information -- including basic visual information (a
thumbnail or small image) -- on our collections is what we are required to do,
as public policy / mission, in an online collections database. The artist who
would object to this basic information ("this is the work in our collection")
hasn't appeared yet, in our experience.
Agencies and estates may have a different opinion. But we stand firm on this
common-sense policy.
When the artist or copyright holder can't be found or doesn't respond, we go
ahead. To do the opposite would be counter to common sense: the assumption is
that artists, like everyone else, want to know what's in a museum's collection.
Especially if it's their own work.
.Any other actual use or reproduction of an artist's work beyond this basic
image-as-indentifier -- we try to clear
But again, if we get no response to a request for permission, we go ahead. The
default assumtion is that works of art were meant by the artist to be seen.
We've never had one of those worst-case-scenarios in which a copyright holder
suddenly appears and objects. If it ever happens, we will deal with it, pay
licensing retroactive licensing fees, or whatever is necessary. The risk is
relatively small, compared to the idea of adopting a policy of censoring
anything we can't get a firm permission for. After all, we're talking about
reproduction in a museum context -- not commercial exploitation.
I am not a lawyer, but legal academics I've discussed this with are supportive
of this kind of policy.
Amalyah Keshet
Head of Image Resources & Copyright Management
The Israel Museum, Jerusalem
________________________________________
?????: ??mcn-l-bounces at mcn.edu [mcn-l-bounces at mcn.edu] ??? Weinstein,
William [WWeinstein at philamuseum.org]
??????: ????? ??? 14 ?????? 2009 21:29
????: Museum Computer Network Listserv
??????: [MCN-L] rights question
We are evaluating our policy regarding obtaining rights for images of
works we publish in our online collection section. The issue of what
to do with works where there is an apparent copyright holder that can
either not be contacted or does not respond to repeated permission
requests. Does anyone have a position of what to do regarding works in
this particular state of limbo?
Bill Weinstein
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