We try to use common sense.  If we're reproducing an artist's or photographer's 
work as a big enlargement as part of an exhibtion wall design, we're using that 
work, in the full sense of the word.  We're doing something with it. And we'll 
get permission and pay.  But if we're reproducing something as a small 
reference image on a wall label -- small on small, let's call it, and 
definitely didactic -- then we often won't.  We've never had a problem 
resulting from this policy.

On the other hand, we've recently been asked to pay $2260 to reproduce a short 
quotation (in two languages) from a long poem as part of an exhibition wall 
design.  (Someone wrote away for permission without running it by me first.)  
This is clealy fair use, and even if it weren't the fee is insane.

Amalyah Keshet
Head of Image Resources & Copyright Management
The Israel Museum, Jerusalem
  

-----Original Message-----
From: mcn-l-bounces at mcn.edu [mailto:mcn-l-boun...@mcn.edu] On Behalf Of 
Deborah Wythe
Sent: Tuesday, August 25, 2009 10:14 PM
To: musip at yahoogroups.com; mcn-l at mcn.edu
Cc: ruth.janson at brooklynmuseum.org
Subject: [MCN-L] IP: copyrighted images in didactics


Hi all,

We'd be interested in knowing whether any other museums out there have 
established a policy or set a precedent on the use of copyrighted images 
(especially from commercial sources) as contextual illustrations on didactics 
or wall labels. Do you consider this fair use, or do you acquire permission/pay 
for rights just as you would for a book? Does the size of the reproduction play 
into the decision?

If people prefer to respond off list, I will summarize without naming names.

(I have checked the AAM guide to copyright and the Bielstein book on 
permissions--though not exhaustively--to no avail.)

Many thanks and with apologies for cross posting duplication, Deborah Wythe 
Brooklyn Museum Digital Collections and Services

deborahwythe at hotmail.com 



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