Hi Gurufateh and Rocio,
Fair use can be murky as it always relies on some subjectivity so each reproduction needs a risk assessment. I'm only familiar with US based copyright law, but I think this recent court case can be helpful to guide your curatorial decisions. https://itsartlaw.org/2021/03/19/case-review-rocknroll-museums-and-copyright-law-2020/.
If you have more time, read this. It's not made by a copyright office, but has great coverage of what important to consider. GUIDELINES FOR THE USE OF COPYRIGHTED MATERIALS AND WORKS OF ART BY ART MUSEUMS
Where you're able to identify artists and get permission, that's typically best. Some artists may even lend you originals to use since it benefits everyone.
Obviously I'm not a lawyer. So the best advice is to consult one of those.
-Allen
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Allen West
Senior Project Technician
The Fabric Workshop and Museum
Philadelphia PA
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Original Message:
Sent: 06-22-2025 09:09 PM
From: Gurufateh Khalsa
Subject: Inquiry on Image Rights for a Research-Based Artistic Project
Subject: Inquiry on Image Rights for a Research-Based Artistic Project
(Dear Community Members - I am posting this for a colleague regarding a project she is working on.)
My name is Rocio Gomez, a Peruvian visual artist. I'm reaching out for guidance regarding the use of archival images in a project I'm developing, which may involve artworks still under copyright (artists, estates, publishers, galleries, photographers).
About the project:
~Focuses on archival images of feminist artworks from the 1970s (Eastern Europe, Latin America, U.S.)
~Uses reproductions found in books, magazines, and exhibition catalogues
~Reworks images through selection, material translation, and recomposition to create new, critical interpretations
~Emphasizes a non-commercial, research-based, and pedagogical/documentary approach
~The project does not replicate or compete with the original works, but aims to produce transformative readings of them
All source credits and a transparent statement of intent will be included.
I understand image rights are complex and vary by context, even where "fair use" might apply.
Your insight would be very valuable on:
1. How best to approach image rights in this kind of appropriation-driven research project.
2. Institutional best practices for handling copyrighted reproductions.
3. Possible presentation strategies that acknowledge copyright tensions while preserving the project's critical aims.
I am happy to share more details or examples if helpful. Here is a link to my instagram.
Warm regards,
Rocio Gomez