Open Forum

 View Only
Expand all | Collapse all

Interpretive Exhibit Image Rights and Permissions

  • 1.  Interpretive Exhibit Image Rights and Permissions

    Posted 06-08-2021 09:54 AM
    Hi there,

    Could anyone point me towards guidelines for images used in interpretive exhibit display - rights and permissions?

    What rules could apply to image use in an education display at non-profit institution (museum) with different level of visitation?

    I am a Graphic Designer with an exhibit design firm working for museums and cultural centres.

    A common task when we design an exhibit is image acquisition. Some images are from a museum collection, and some need to be sourced and cleared.

    It is sometimes unclear if images fall under the fair use for education purposes. How to determine that?

    I often contact companies like Alamy and ask for a custom license for display use. Is that a common practice?

    If an image is found at, let's say, Library of Congress, is out of copyrights due to age, my understanding is that only a proper credit line is required to use that image.
    Is there a comprehensive guide on the out of copyright and public domaine imagery? 

    Thank you!






    ------------------------------
    Yulia Semenova
    Graphic Designer
    Aldrich/Pears Associates Ltd
    Vancouver BC
    ------------------------------
    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 2.  RE: Interpretive Exhibit Image Rights and Permissions

    Posted 06-09-2021 06:09 AM
    Pretty simple: if the institution whose images you wish to use hasn't posted their guidelines online, then you just need to contact the relevant archivist/curator/registrar, explain the intended use, and they will inform you regarding their policies and fees.

    An increasing number of institution seem to be going toward an "open access" model when it comes to the non-commercial/educational use of images of items in their collections but again those policies should be easy enough to find. 

    In any event, if new scanning or photography is involved, expect to pay for that even if licensing fees are waived. And even in cases where the item already exists as a high-quality digital file, you may still be charged handling or other fees quite apart from licensing itself.

    ------------------------------
    Donald Carleton
    Carleton Historical Consulting
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 3.  RE: Interpretive Exhibit Image Rights and Permissions

    Posted 06-09-2021 09:40 AM
    There are a number of factors to consider on this subject.  For example, if your museum charges admission to access the space where the image is, it is more complicated than if your used the image for a special education event that is free to the public. I once produced a 5 minute immersive theatre experience for a science museum that cost $30k in licensing fees...

    In my experience, credit lines depend on who owns the image/video and their requirements for credit.  I have seen it required and not.

    Best thing to do is have your organization contact an attorney who understands copyright/intellectual property for guidance.

    ------------------------------
    Patrick Weeks
    President & CEO
    United States Marshals Museum
    Fort Smith, AR
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 4.  RE: Interpretive Exhibit Image Rights and Permissions

    Posted 06-09-2021 10:24 AM
    Edited by Yulia Semenova 06-09-2021 10:24 AM
    Thank you Patrick,

    I plan and design for museums in Canada and US. In Canada museums are stated as non-profit organizations, but they often charge admission fees. 

    I agree that the best thing is to consult an attorney specialized in intellectual property rights.


    ------------------------------
    Yulia Semenova
    Graphic Designer
    Aldrich/Pears Associates Ltd
    Vancouver BC
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 5.  RE: Interpretive Exhibit Image Rights and Permissions

    Posted 06-09-2021 09:42 AM
    Yulia,
    There is a book that will be an invaluable resource for you in handling image rights.

    Young, Anne M., ed., Rights & Reproductions: The Handbook for Cultural Institutions, Second Edition, American Alliance of Museums, Rowman & Littlefield, 2019, 404 pages.
    Anne also teaches two online courses on Rights & Reproductions, this is the first one: https://www.museumstudy.com/rights-and-reproductions-1-intro-to-ip-and-licensing-best-practices



    ------------------------------
    Bradford Bredehoft
    CEO
    Museum Study, LLC
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 6.  RE: Interpretive Exhibit Image Rights and Permissions

    Posted 06-09-2021 10:01 AM
    Edited by Yulia Semenova 06-09-2021 10:08 AM
    Thank you very much Bradford! This is very helpful.

    I am also trying to streamline the process of image acquisition for the exhibit display use. We often use many sources - from libraries and archives with clear rules, to image banks (Alamy, Getty) and individuals. I would like to know if there is a good example of a request form that would cover all common legalities of exhibit use.

    It looks like the book you share could answer the majority of my questions above. Thanks again!

    ------------------------------
    Yulia Semenova
    Graphic Designer
    Aldrich/Pears Associates Ltd
    Vancouver BC
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 7.  RE: Interpretive Exhibit Image Rights and Permissions

    Posted 06-09-2021 10:07 AM
    Edited by Lauren Cooper 06-09-2021 10:09 AM
    Most museums and libraries will have a page on their site explaining their permissions requirements, but when in doubt, just shoot their team an email. In general, a majority of images from government agencies, including the LOC and NARA, are public domain. The NYPL also has an extensive collection of public domain imagery. If you're ever in a bind and need an image fast that you know is public domain, Wikimedia Commons, Unsplash, and Flickr (using the Creative Commons filter) are great places to look.

    It's always helpful to call or email the sales rep at stock sites like Alamy, Getty, iStock Photo, Shutterstock, AgeFotoStock, and Dreamstime-if you are likely to be a repeat customer on behalf of non-profit, educational institutions, they will almost always offer substantial discounts, extended licenses (for the lifetime of the exhibition, rather than for 2–10 years only), and other perks. Some stock sites are more expensive than others, and they often have different images available, so it's helpful to shop around.

    Even if you think an image might be fair use, it is always best practice to reach out to the image holder for permission (and a high-res image, if not freely available) and to archive the emailed reply and/or licensing documents for future reference. It is pleasantly surprising how many individuals and small organizations are willing to share their content once you explain the project and say that it is for a non-profit, educational institution.

    ------------------------------
    Lauren Cooper
    Interpretive Planner - Exhibitions
    Penn Museum - University of Pennsylvania
    Philadelphia PA
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 8.  RE: Interpretive Exhibit Image Rights and Permissions

    Posted 06-09-2021 10:19 AM
    Hi Lauren,

    Thank you very much for your detailed response! 




    ------------------------------
    Yulia Semenova
    Graphic Designer
    Aldrich/Pears Associates Ltd
    Vancouver BC
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 9.  RE: Interpretive Exhibit Image Rights and Permissions

    Posted 06-09-2021 10:21 AM
    Donald Carlton is correct, the best course is always to ask for permission. Fair Use is a highly subjective legal defense, not a rule or a law, and one that is not generally applicable to the type of work you do. It only comes into play when you are sued, and you want to avoid being sued in the first place.

    Further, it is the institution for whom you are working, not you, that is ultimately responsible and would be sued first for any copyright violation. Any subjective questions of use (and there are always gray areas) should be settled, in writing, by your employer.



    ------------------------------
    Tod Hopkins
    Technical Director
    Hillmann & Carr Inc.
    Washington DC
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 10.  RE: Interpretive Exhibit Image Rights and Permissions

    Posted 06-09-2021 10:45 AM
    Agreed Tod,
    Risk Management is an institutional issue.  Not a design issue. It is always best to get council/direction from leadership. 
    And to your point Tod, Canadian/US/ international laws are different - that is why I always differ to organizational risk management.

    ------------------------------
    Patrick Weeks
    President & CEO
    United States Marshals Museum
    Fort Smith, AR
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 11.  RE: Interpretive Exhibit Image Rights and Permissions

    Posted 06-10-2021 12:48 PM
    Edited by Donald Carleton 06-10-2021 12:51 PM
    I must confess I am bemused by the turn this discussion has taken, with suggestions that lawyers or "Risk Management" departments need to get involved with a simple question of obtaining rights to reproduce visual materials for museum exhibition or other interpretive purposes.

    I have worked on projects which involved licensing the use of images online, in museum exhibitions, and in publication from U.S., Canadian, and European collections and the protocol throughout has been consistent and simple: identify what you want and then contact the institution owning the item to find out what their licensing process for the image in question is. In some cases I found it possible to get licensing fees reduced when a gray area was involved, but otherwise we're talking a pretty "cut and dried" kind of process.

    Of course I suppose it gets complicated if one wants to circumvent that process by using images of artworks are already floating out there in multiple versions online, and I suppose if I were involved in a project that was going to sources any real number of images that way, then, yes, I'd want to have appropriate legal counsel.

    ------------------------------
    Donald Carleton
    Carleton Historical Consulting
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 12.  RE: Interpretive Exhibit Image Rights and Permissions

    Posted 06-09-2021 10:27 AM
    Correction! I just notice that you are working in Canada. "Fair Use" is an American legal principle, based on U.S. court decisions. In Canada, the equivalent is called "Fair Dealing" and it is codified in law. I believe "Fair Dealing" is more liberal than "Fair Use."

    In any case, I am not familiar with Fair Dealing. You should ignore my advice about "Fair Use" unless you are working for a U.S. institution.

    ------------------------------
    Tod Hopkins
    Technical Director
    Hillmann & Carr Inc.
    Washington DC
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 13.  RE: Interpretive Exhibit Image Rights and Permissions

    Posted 06-09-2021 10:59 AM
    Edited by Yulia Semenova 06-09-2021 11:02 AM
    Thank you Tod!



    ------------------------------
    Yulia Semenova
    Graphic Designer
    Aldrich/Pears Associates Ltd
    Vancouver BC
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 14.  RE: Interpretive Exhibit Image Rights and Permissions

    Posted 06-09-2021 11:22 PM
    Hi,
    Have a look at the links in here:
    'Bye...

    --

    Jean-Luc Vincent


    Administrateur du SIA
    Direction des collections, de la conservation et de la restauration
    Direction générale des affaires autochtones et du patrimoine culturel
    Parcs Canada, Gouvernement du Canada
    2630, chemin Sheffield, Ottawa, Ontario, K1B 3V7
    Messages: jeanluc.vincent.parcsparks@gmail.com / Cell. non fiable 613-720-4418 / Fax 613-990-6627

    AIS Administrator
    Collections, Curatorial and Conservation Branch
    Indigenous Affairs and Cultural Heritage Directorate
    Parks Canada, Government of Canada
    2630 Sheffield Road, Ottawa, Ontario, K1B 3V7
    Messages: jeanluc.vincent.parcsparks@gmail.com / Cell. unreliable 613-720-4418 / Fax 613-990-6627

    450 000 km2 de souvenirs
     / 450 000 km2 of memories




    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more