Monday, August 8, 2022
 

Should Museums Be In the Licensing Business?


Peter Hirtle, from the LibraryLaw Blog, takes this July 4th to ponder why, given the ominous copyright cloud, museums and repositories would even bother getting into the licensing business. He picks up on our previous post on photographer Anne Pearse-Hocker copyright lawsuit against Firelight Media and the Smithsonian. Hirtle’s thoughts:

[T]he document reveals the kind of misunderstandings that can result when repositories get into the permissions business. To me, the most troubling portion of the document is Exhibit D, the museum’s permission form, which states that “Permission is granted for the use of the following imagery, worldwide, all media rights for the life of the project.”  Firelight is then charged $150 in permission fees for the use of the three listed images. If I was Firelight, I would assume that I was in the clear; I had worldwide rights.  What the form does not make clear is that the permission derives from the Smithsonian’s rights as the owner of the physical negatives.

He continues:

The case is a strong reminder that when making reproductions for patrons and granting permissions, repositories need to be crystal-clear about what they are doing.

Hirtle’s entire comments can be read here.

 

Tags: , , , , , , ,

Comments

No comments so far.
  • Leave a Reply
     
    Your gravatar
    Your Name
     
     
     

     
     
 
Legal

Clancco, Clancco: The Source for Art & Law, Clancco.com, and Art & Law are trademarks owned by Sergio Muñoz Sarmiento. The views expressed on this site are those of Sergio Muñoz Sarmiento and of the artists and writers who submit to Clancco.com. They are not the views of any other organization, legal or otherwise. All content contained on or made available through Clancco.com is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to Clancco.com treated as confidential.

Website Terms of Use, Privacy, and Applicable Law.
 

Switch to our mobile site