Dear tombleary-ga,
Your question addresses two topics in connection with images any work
of art held by a museum, art gallery, or private collection: Copyright
and Reproduction Licenses.
I shall answer from a UK point of view which is where I am based, but
it applies equally throughout the world with slight differences with
regard to the copyright laws and the policy of each and every owner of
the work of art.
A work of art is subject to copyright (as defined in the Copyright Act
1956 and the Copyright, Designs & Patents Act 1988). A copy cannot be
made of a work of art if it is by a living artists or an artist who
died less than 70 years ago without their permission or the permission
of the copyright holder if they are deceased.
This site provides some basic facts about copyright in the UK.
http://www.patent.gov.uk/copy/indetail/basicfacts.htm
This is for US copyright.
http://www.copyright.gov/
If a work of out is out of copyright, then permission is not required
to make a copy of it. Of course, as you may have experienced yourself
when visiting them, the vast majority of museums and art galleries
strictly prohibit photography of any of their collections. This is
partly to preserve the items but also to control the copying and
distribution of their collections.
As the National Gallery in London notes, ?The Picture Library raises
money by licensing such reproduction, which supports the 'free entry'
policy and the Gallery's main functions in looking after its
paintings, drawings, etchings and sculptures, and in teaching people
about the works.?
https://www.npg.org.uk/live/copyrite.asp
Most museums and art galleries have their own photography department
and they take images of their collections. These images are works of
art in themselves as regards to copyright and reproduction of them
must be with the consent of the museum or gallery.
This extract from the Courtauld Collection web site describes how they
are currently undertaking the photography of some private collections
with the owner?s permission.
http://www.courtauld.ac.uk/photosurvey/photography.htm
Copies of the photographs can be obtained from the museum or gallery
but reproduction rights and fees must be negotiated and paid. Each
institution have their own requirements and fees. Applicants have to
state what type of media the reproduction is to appear in, which
countries it will be distributed in, and how many copies are to be
made. The copies supplied by the museum or art gallery are often
colour transparencies or high resolution digital images. I shall now
direct you to a number of different museums and art galleries where
you will be able to view their terms and conditions. I have only
placed extracts here, I recommend that you view the site in full. You
will gather from the information supplied on these sites that the
?high-resolution digital scans of art masterpieces.? that you have
seen are supplied by the museum or art gallery to the web site under
license and a reproduction fee(s) have been negotiated.
Bodelian Library, Oxford
?In the case of images of modern materials where a copyright still
exists separate from the Bodleian Library?s copyright in the
photograph itself, the written consent of the copyright owner as well
as the Bodleian?s will be required. Though we cannot undertake to
advise on the ownership of copyright in any given case, we will give
what assistance we can to users who need to secure such copyright
consents.?
http://www.bodley.ox.ac.uk/dept/pubs/copyright/pubuse.htm
Permission to publish application
http://www.bodley.ox.ac.uk/dept/pubs/copyright/epub01.pdf
Ashmolean Museum, Oxford
?The purchase of a photographic print or transparency does not in
itself carry with it the right to make a reproduction in any form.
Copyright on all photographs remains the property of the Museum.
Photographs of works by living artists or those who died less than
seventy years ago can only be supplied, other than for research or
private study, if the applicant has obtained prior written consent
from the owner of the copyright. The Museum cannot undertake to give
advice or information in regard to ownership of copyright in these
cases.?
http://www.ashmol.ox.ac.uk/ash/copyright/ph-agree.html
Photograph Reproduction Fees
http://www.ashmol.ox.ac.uk/ash/copyright/ph-fees.html
Fitzwilliam Museum, Cambridge
Photography fees
http://www.fitzmuseum.cam.ac.uk/dept/photography/
Reproduction fess
http://www.fitzmuseum.cam.ac.uk/dept/photography/
Terms and conditions
http://www.fitzmuseum.cam.ac.uk/dept/photography/
British Museum, London
Permission information
http://www.bl.uk/services/copy/permission.html
Permissions FAQS
http://www.bl.uk/services/copy/permissfaq.html
Fees
http://www.bl.uk/pdf/permissions_fees_05-06.pdf
This web site on the history of the Tudors contains some other links
to relevant departments in a number of art galleries and museums which
you may find of interest.
http://tudorhistory.org/files/contacts.html
I hope this answers your question. If it does not, or the answer is
unclear, then please ask for clarification of this research before
rating the answer. I shall respond to the clarification request as
soon as I receive it.
Thank you
answerfinder
Search strategy
Personal knowledge as a Art History graduate.
Started search with "national gallery" copyright reproduction which
led me on to a number of the above sites.
://www.google.co.uk/search?hl=en&q=%22national+gallery%22+copyright+reproduction&btnG=Google+Search&meta= |
