Control of Museum Art Images: The Reach and Limits of Copyright and Licensing

Control of Museum Art Images: The Reach and Limits of Copyright and Licensing

Many museums and art libraries have digitized their collections of artworks. Digital imaging capabilities represent a significant development in the academic study of art, and they enhance the availability of art images to the public at large. The possible uses of these images are likewise broad. Many of these uses, however, are potentially defined by copyright law or by license agreements imposed by some museums and libraries that attempt to define allowable uses. Often, these terms and conditions will mean that an online image is not truly available for many purposes, including publication in the context of research or simple enjoyment. Not only do these terms and conditions restrict uses, they also have dubious legal standing after the Bridgeman case. This paper examines the legal premises behind claiming copyright in art images and the ability to impose license restrictions on their use.

Melissa A. Brown, Kenneth D. Crews

Annual Congress of the International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP)

January 2010

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Cultural heritage