Thanks, Erik -

We're kind of in-between right now. We're mostly operating with open access 
mindset internally, but we don't yet have official language/policies behind it. 
(We're working on that part . . . )

Providing Bridgeman with better images might be the best/easiest solution. 

Thanks for your feedback!
Maggie


-----Original Message-----
From: mcn-l-boun...@mcn.edu [mailto:mcn-l-boun...@mcn.edu] On Behalf Of Erik 
Landsberg
Sent: Thursday, August 17, 2017 1:50 PM
To: Museum Computer Network Listserv <mcn-l@mcn.edu>
Subject: Re: [MCN-L] Bridgeman Images question

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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