Hi Maggie,
Not a lawyer, of course, but many museum have a "no commercial
photography"' notice in their literature, entrance info displays etc.
Perhaps that would give you grounds for a takedown notice. Just a thought.
But if PAM has a fully open access policy, would you consider just
providing Bridgeman with quality replacement images of those works? It
would be a far easier solution.
-Erik


On Thu, Aug 17, 2017 at 4:35 PM, Maggie Hanson <maggie.han...@pam.org>
wrote:

> Hi, all -
>
> This question recently came up in our registrars dept. and I thought I'd
> kick it out to MCN to see if anyone else has encountered this issue and
> might have guidance. We'd be most grateful for any insight. Our rights
> specialist sent the following question to a registrars' list-serv and
> hasn't gotten much of a response:
>
> "It has recently come to my attention that Bridgeman Images has been
> selling images from our museum's collection (about 17 of them). We do not
> have an agreement with them, and the images are poor quality. I contacted
> our counsel, and he seemed to state that because everything they have is in
> the public domain, we have no legal ground to stand on. That said, I think
> it would be reasonable to contact them and ask them to take the images
> down, especially since the images are of such poor quality. Has anyone else
> had this experience?"
>
> It might be a non-starter since the underlying works in the images are
> public domain, but we thought it was worth asking colleagues. Any precedent
> would be useful. To be clear: this is not about us asserting rights, just
> about wanting to disseminate better images of the works in our collection
> (esp. when we'd provide better images for free!).
>
> Thanks, all! See you in Pittsburgh!
> Maggie
>
>
> Maggie Hanson
> Head of Library and Collections Information
> Portland Art Museum
> 503-276-4224 | direct
> portlandartmuseum.org
>
>
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-- 
*Erik Landsberg LLC*
*Cultural Heritage Digitization Consulting*
Serving Museums - Archives - Collectors - Artists
eriklandsb...@gmail.com
732-456-0622 <(732)%20456-0622>
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