1. Museums &
Copyright
T h e C u r r e n t C o p y r i g h t
I s s u e s M u s e u m s F a c e i n
t h e D i g i t a l A g e
2. Metropolitan Museum of Art, Holly Wood
"I believe profoundly in the importance of museums; I
would go as far as to say that you can judge a society by
the quality of its museums. "
- Richard A. Fortey, British paleontologist and writer
3. Why are museums
important?
The primary focus
of a Museum is
education
Museums preserve
culture and heritage
The Guggenheim, Courtesy Darren Brewster
4. Major Copyright
Issues
Displaying a
Museum collection
online
Artist rights vs.
Museum rights
Photography in
Museums
Copyright issues
with playing Music
Seattle Art Museum, Holly Wood
6. Photography in
Museums
Many Museums
don’t allow
photography for fear
that it is damaging to
the artwork and/or
that the
photographer will
sell the photos.
Metropolitan Museum of Art, Holly Wood
7. Artists Rights
Made for hire work
is owned by the
Employer
The moment you
create anything
visual, the only
person who is
allowed to copy that
work, is you
Interior of the Guggenheim, Holly Wood
8. How long is it
Copyright protected?
Works created on or after January 1, 1978: A work that is created on or after January 1, 1978, is automatically
protected from the moment of its creation and is given a term of copyright protection enduring for the lifetime of
the artist plus an additional 70 years after the artist's death.
Works originally created before January 1, 1978, but not published or registered by that date: - These works have
been automatically brought under the statute and are now given federal copyright protection.
Works originally created and published or registered before January 1, 1978:Under the law in effect before 1978,
copyright was secured either on the date a work was published with a copyright notice or on the date of
registration if the work was registered in unpublished form.
The Sonny Bono Copyright Extension Act: The Sonny Bono Copyright Extension Act, enacted on October 27,
1998, further extended the renewal term of copyrights still subsisting on that date by an additional 20 years,
providing for a total term of protection of 95 years from the date of first U.S. publication if the work was
published before January 1, 1978.
Unpublished works: All works that are unpublished, regardless of the nationality of the author, are protected in
the United States. Works that are first published in the United States or in a country with which the United
States has a copyright treaty or that are created by a citizen or domiciliary of a country with which the United
States has a copyright treaty are also protected.
9. International
Copyright
There is no such thing
as an "international
copyright" that will
automatically protect
an author's works
throughout the entire
world.
The Frick Collection, Holly Wood
10. Conclusion
Artists need to do
their research
Museums need to
do their research
Both entities need to
learn how to protect
themselves and
protect each other
Metropolitan Museum of Art, Holly Wood
11. References
Photos: Holly Wood and Darren Brewster.
Artists Rights Society. http://www.arsny.com/basics.html
Copyright Clearance for Online Images: A Lesson Learned.
By Jennifer Bartle. http://www.aam-us.org/pubs/mn/MN_MA04_LawEthics.cfm
Copyright Information for Artists: How Copyright Laws Protect Your Art. http://emptyeasel.com/
2008/03/18/copyright-information-for-artists-how-copyright-laws-protect-your-art/
Law & Ethics: Do You Copy? By Barbara Hoffman.
http://www.aam-us.org/pubs/mn/MN_JF05_DoYouCopy.cfm
Learning Music Licensing. By Elizabeth T Russell.
http://www.aam-us.org/pubs/webexclusive/licensing.cfm
Museums are not the Enemy. Posted by Perian Sully on Monday December 10, 2007.
http://musematic.net/2007/12/10/museums-are-not-the-enemy/
Right and Reproductions. By Joshua Kaufman.
http://www.aam-us.org/pubs/mn/MN_SO04_LawEthics.cfm