Open Forum

Make sure your check with the Artist Rights Society

------------------------------
Michele Wijegoonaratna
American Federation of Arts
New York NY
------------------------------

Original Message:
Sent: 04-30-2021 04:11 PM
From: Karen Jackson
Subject: Image rights for special exhibitions?

How do I get rights to use images from special exhibitions in my blog and podcast? Aside from the host museum, are there other places I need to contact? I normally use open access images, so this is new to me!

Thanks
--

Karen Jackson

Long Look Productions

Podcasting | Verbal Descriptions

Original Message:
Sent: 4/30/2021 4:11:00 PM
From: Karen Jackson
Subject: Image rights for special exhibitions?

How do I get rights to use images from special exhibitions in my blog and podcast? Aside from the host museum, are there other places I need to contact? I normally use open access images, so this is new to me!

Thanks
--

Karen Jackson

Long Look Productions

Podcasting | Verbal Descriptions

Another site to use for researching who manages rights to artists' works is the WATCH file (Writers, Artists, and the Copyright Holders). https://norman.hrc.utexas.edu/watch/

You can also reach out to the Museum IP Listserv (MUSIP) https://groups.io/g/musip Its members work in the GLAM sector and often have contacts they can share.

John ffrench

------------------------------
John ffrench
Director, Visual Resources
Yale University Art Gallery
New Haven CT
------------------------------

Original Message:
Sent: 04-30-2021 04:11 PM
From: Karen Jackson
Subject: Image rights for special exhibitions?

How do I get rights to use images from special exhibitions in my blog and podcast? Aside from the host museum, are there other places I need to contact? I normally use open access images, so this is new to me!

Thanks
--

Karen Jackson

Long Look Productions

Podcasting | Verbal Descriptions

Hello Karen,

Image rights have multiple layers.  If you are looking at using them as part of an exhibition review or other typical press-like way I would reach out to the museum's PR/Marketing team as they typically have images already pre-approved for use in those situations.  If it is a more general use like a specific talk about a subject that a museum may have appropriate artwork/objects for I would reach out to their images rights dept (if they are big enough) or again their PR/Marketing team as a first step.  Keep in mind images have 2 layers of IP rights.  The first is the image itself.  Whoever took the photograph has a level of right to that photograph (normally the museum if it is from their image library).  The second level is the artist or estate who created the work.  If the artwork/object is older than around 1920 (but check specifically) you are typically in the clear for artist/estate rights, but there are always exceptions (e.g. Mickey Mouse).  Occasionally there may be a third layer as well if the artist used someone else's work to make their own (e.g. a Warhol soup can you will likely have to clear with the museum or whomever created the photograph, the artist estate, and the Campbell soup company for the logo trademark).   Long story short - IP rights are complicated and if you have a legit reason for the use, the museum is likely to help you out (or at least steer you in the right direction) as they have likely had to clear these images a million times before for their own needs.

-Jared

------------------------------
Jared Crellin
Account Director
ListenUp Audio
Atlanta GA
------------------------------

Original Message:
Sent: 04-30-2021 04:11 PM
From: Karen Jackson
Subject: Image rights for special exhibitions?

How do I get rights to use images from special exhibitions in my blog and podcast? Aside from the host museum, are there other places I need to contact? I normally use open access images, so this is new to me!

Thanks
--

Karen Jackson

Long Look Productions

Podcasting | Verbal Descriptions

Original Message:
Sent: 5/4/2021 12:08:00 PM
From: Jared Crellin
Subject: RE: Image rights for special exhibitions?

Hello Karen,

Image rights have multiple layers.  If you are looking at using them as part of an exhibition review or other typical press-like way I would reach out to the museum's PR/Marketing team as they typically have images already pre-approved for use in those situations.  If it is a more general use like a specific talk about a subject that a museum may have appropriate artwork/objects for I would reach out to their images rights dept (if they are big enough) or again their PR/Marketing team as a first step.  Keep in mind images have 2 layers of IP rights.  The first is the image itself.  Whoever took the photograph has a level of right to that photograph (normally the museum if it is from their image library).  The second level is the artist or estate who created the work.  If the artwork/object is older than around 1920 (but check specifically) you are typically in the clear for artist/estate rights, but there are always exceptions (e.g. Mickey Mouse).  Occasionally there may be a third layer as well if the artist used someone else's work to make their own (e.g. a Warhol soup can you will likely have to clear with the museum or whomever created the photograph, the artist estate, and the Campbell soup company for the logo trademark).   Long story short - IP rights are complicated and if you have a legit reason for the use, the museum is likely to help you out (or at least steer you in the right direction) as they have likely had to clear these images a million times before for their own needs.

-Jared

------------------------------
Jared Crellin
Account Director
ListenUp Audio
Atlanta GA
------------------------------

Original Message:
Sent: 04-30-2021 04:11 PM
From: Karen Jackson
Subject: Image rights for special exhibitions?

How do I get rights to use images from special exhibitions in my blog and podcast? Aside from the host museum, are there other places I need to contact? I normally use open access images, so this is new to me!

Thanks
--

Karen Jackson

Long Look Productions

Podcasting | Verbal Descriptions

Hello Karen,

You should be okay with the art that you are using in regards to artist's rights since it well before the cutoff date for IP rights (unless you bring in contemporary art as a conversation), but you still need to be a bit cautious of the actual image.  "Educational use" is a pretty broad term and is in the gray area when it comes to IP.  Writing a book is both for educational use and a for profit use in one.  With that said, many major museums have made their image libraries open for use, just read the clauses they put in on how it can be used for free vs needing acknowledgment vs what use requires fees.  A good round up on the issues and links to major museum image libraries that are open can be found https://creativelawcenter.com/museums-open-access-images/ . 

Good luck.

-Jared

------------------------------
Jared Crellin
Account Director
ListenUp Audio
Atlanta GA
------------------------------

Original Message:
Sent: 05-04-2021 12:41 PM
From: Karen Jackson
Subject: Image rights for special exhibitions?

Hi Jared

This is great information, thanks so much for spelling it all out.

To provide more context, the podcast is an art appreciation/art history show and the blog supplements its educational purpose. The images are used in each episode's post and appear as thumbnails in podcast apps. The exhibitions I'm hoping to feature are on Baroque and Renaissance art with works from European and American museums.

Don't know if this makes a difference but figured it would be helpful to have all the facts!

Thanks for taking the time to answer

Karen
--

Karen Jackson

Long Look Productions

Podcasting | Verbal Descriptions

Original Message:
Sent: 5/4/2021 12:08:00 PM
From: Jared Crellin
Subject: RE: Image rights for special exhibitions?

Hello Karen,

Image rights have multiple layers.  If you are looking at using them as part of an exhibition review or other typical press-like way I would reach out to the museum's PR/Marketing team as they typically have images already pre-approved for use in those situations.  If it is a more general use like a specific talk about a subject that a museum may have appropriate artwork/objects for I would reach out to their images rights dept (if they are big enough) or again their PR/Marketing team as a first step.  Keep in mind images have 2 layers of IP rights.  The first is the image itself.  Whoever took the photograph has a level of right to that photograph (normally the museum if it is from their image library).  The second level is the artist or estate who created the work.  If the artwork/object is older than around 1920 (but check specifically) you are typically in the clear for artist/estate rights, but there are always exceptions (e.g. Mickey Mouse).  Occasionally there may be a third layer as well if the artist used someone else's work to make their own (e.g. a Warhol soup can you will likely have to clear with the museum or whomever created the photograph, the artist estate, and the Campbell soup company for the logo trademark).   Long story short - IP rights are complicated and if you have a legit reason for the use, the museum is likely to help you out (or at least steer you in the right direction) as they have likely had to clear these images a million times before for their own needs.

-Jared

------------------------------
Jared Crellin
Account Director
ListenUp Audio
Atlanta GA

Original Message:
Sent: 04-30-2021 04:11 PM
From: Karen Jackson
Subject: Image rights for special exhibitions?

How do I get rights to use images from special exhibitions in my blog and podcast? Aside from the host museum, are there other places I need to contact? I normally use open access images, so this is new to me!

Thanks
--

Karen Jackson

Long Look Productions

Podcasting | Verbal Descriptions

Hi Jared

Interesting point re: educational use and thanks for the Creative Law Center link. Interesting background on how museums decided to use CC0! As I mentioned in my OP, I normally use open access images and am really glad to see more museums offering these.  

Thanks
Karen

------------------------------
Karen Jackson
Washington DC
longlookproductions@gmail.com
------------------------------

Original Message:
Sent: 05-04-2021 12:50 PM
From: Jared Crellin
Subject: Image rights for special exhibitions?

Hello Karen,

You should be okay with the art that you are using in regards to artist's rights since it well before the cutoff date for IP rights (unless you bring in contemporary art as a conversation), but you still need to be a bit cautious of the actual image.  "Educational use" is a pretty broad term and is in the gray area when it comes to IP.  Writing a book is both for educational use and a for profit use in one.  With that said, many major museums have made their image libraries open for use, just read the clauses they put in on how it can be used for free vs needing acknowledgment vs what use requires fees.  A good round up on the issues and links to major museum image libraries that are open can be found https://creativelawcenter.com/museums-open-access-images/ .

Good luck.

-Jared

------------------------------
Jared Crellin
Account Director
ListenUp Audio
Atlanta GA

Original Message:
Sent: 05-04-2021 12:41 PM
From: Karen Jackson
Subject: Image rights for special exhibitions?

Hi Jared

This is great information, thanks so much for spelling it all out.

To provide more context, the podcast is an art appreciation/art history show and the blog supplements its educational purpose. The images are used in each episode's post and appear as thumbnails in podcast apps. The exhibitions I'm hoping to feature are on Baroque and Renaissance art with works from European and American museums.

Don't know if this makes a difference but figured it would be helpful to have all the facts!

Thanks for taking the time to answer

Karen
--

Karen Jackson

Long Look Productions

Podcasting | Verbal Descriptions

Original Message:
Sent: 5/4/2021 12:08:00 PM
From: Jared Crellin
Subject: RE: Image rights for special exhibitions?

Hello Karen,

Image rights have multiple layers.  If you are looking at using them as part of an exhibition review or other typical press-like way I would reach out to the museum's PR/Marketing team as they typically have images already pre-approved for use in those situations.  If it is a more general use like a specific talk about a subject that a museum may have appropriate artwork/objects for I would reach out to their images rights dept (if they are big enough) or again their PR/Marketing team as a first step.  Keep in mind images have 2 layers of IP rights.  The first is the image itself.  Whoever took the photograph has a level of right to that photograph (normally the museum if it is from their image library).  The second level is the artist or estate who created the work.  If the artwork/object is older than around 1920 (but check specifically) you are typically in the clear for artist/estate rights, but there are always exceptions (e.g. Mickey Mouse).  Occasionally there may be a third layer as well if the artist used someone else's work to make their own (e.g. a Warhol soup can you will likely have to clear with the museum or whomever created the photograph, the artist estate, and the Campbell soup company for the logo trademark).   Long story short - IP rights are complicated and if you have a legit reason for the use, the museum is likely to help you out (or at least steer you in the right direction) as they have likely had to clear these images a million times before for their own needs.

-Jared

------------------------------
Jared Crellin
Account Director
ListenUp Audio
Atlanta GA

Original Message:
Sent: 04-30-2021 04:11 PM
From: Karen Jackson
Subject: Image rights for special exhibitions?

How do I get rights to use images from special exhibitions in my blog and podcast? Aside from the host museum, are there other places I need to contact? I normally use open access images, so this is new to me!

Thanks
--

Karen Jackson

Long Look Productions

Podcasting | Verbal Descriptions