VII: The Real World, Advice and Aphorisms
From RARIN Wiki
[edit] Requests from the outside world- will they yell at me if I say no?
Frequently, image researchers for places like film companies, textbook publishers, and other media interests will push you to cut your fees, ask you to make images available to them even if you have decided against it, or beg you to execute their request quickly even though you have clearly indicated time constraints. They may not yell, but they may become pushy and rude. Hold your ground. If necessary, you can create a sign like the one taped over my computer, which reads Don't send out an image until the forms are signed and it's been paid for! No pity even if they beg and whine! You're the decision-maker, so make the decision and stick with it.
[edit] Be Flexible
That being said, don't be afraid to be flexible. In many cases, a museum may wish to waive fees for certain uses - for example, if the image is being used in a guidebook to local museums, or if it is going to a local researcher who wants to publish it to illustrate a scholarly article.
[edit] Real-life examples of best and worst case scenarios involving copyright issues
I have been responsible for all Rights & Reproduction issues for the Nasher Sculpture Center and the Raymond and Patsy Nasher Collection in Dallas, Texas, for the past 8 years. During this time, I have had to deal with numerous unique scenarios and situations with regard to obtaining copyright permission as well as honoring permission requests to third parties. Since the Nasher Collection largely consists of Modern and contemporary art, almost all art we reproduce and publish from the Collection must be cleared by the estates of the artists, the artist's representatives or the artist himself/herself. In fact, there are only seven artists in the Nasher Collection whose works are now in the public domain. Although some of my accounts will involve copyright requests received by my museum, I really would like to focus on the requests made by my museum.
While some artists, representatives or estates are happy to approve reproductions of their work without fees or restrictions, making the process quite simple, others have very strict rules and guidelines that need to be followed. The most important thing to remember when attempting to obtain copyright permission is that one should NEVER behave as if they are entitled to the copyright permission. One must understand that the concept and "image" of any work of art legally and ethically belongs to the artist or the estates of the artists, and rightfully so. One must be gracious in obtaining permission to use any work of art still in the public domain. One must recognize that this process is absolutely necessary in order to preserve the integrity of the work of art and the artist who conceived of it. It is one's duty as a museum professional to make sure this integrity is preserved.
Over the years, I have built relationships with artists, those working on copyright requests on behalf of an artist, artist's representatives, like the Artists Rights Society (ARS), and members of the estates of artists working on the estate's behalf. Building strong relationships with artists and/or their representatives and institutions is key to making the copyright request process simple and easier. The relationship must be built on respect. When an artist, for example, recognizes one's commitment to preserving the integrity of his or her work of art, which includes following whatever guidelines for reproduction he or she lays out, one's future copyright permission requests are more likely to be honored.
With that said, I would like to share some of my experiences with you. Over the next couple of weeks I plan to add "stories" and "encounters" that reflect unique and specific copyright situations that may be used as examples on how to, or how NOT to, approach the obtainment of copyrights for museum use and publication. These will include, for example, exhibition catalogues and other related publications, advertisements, website reproduction, membership solicitations, third party situations and more. In some cases, to protect artists, their estates or their representatives, the names of the artists and their works of art will not be disclosed. It is ultimately HOW, WHAT and WHY, not WHO, that is important in most copyright situations.
UNDER CONSTRUCTION************************MORE TO COME!
[edit] General advice, what to do, what not to do
- Make sure your paperwork is in order and organized
- Have forms in place that clearly state your policies
[edit] What to do if the museum’s rights are infringed
First, gather up all the documentation you can. This includes copies of your reproduction policy, your building's policy on photography, the dates when your museum had the object photographed professionally (for postcards, catalogues, etc), and proof of your legal possession of the copyright (especially important if the artist is living/recently deceased).
[edit] Artists Rights
VISUALIZING THE PATH FORWARD: THE VISUAL ARTISTS RIGHTS ACT OF 1990 AND RECOMMENDATIONS FOR A RESPONSE BY AMERICAN MUSEUMS by Heather Hope Stephens[1]
[edit] Listing of resources to learn more about copyright issues
Lesley Ellen Harris' blog: Copyright Questions & Answers [2]
