at MCN in Chicago: museum image licensing

jtrant's picture

discussion in the image licensing session is re-hashing a number of issues we've been thinking about for a long time:

  • the ability to control use
  • strategies for limiting use (low res. distribution)
  • the need to restrict use
  • the monetary return for a use
  • the need for creators to control use of their work
  • the need for creators to be reimbursed for their work (the act of creation)
  • the dysfunction of mutually charging fees, museum to museum
  • the need to standardize terminology and usage
  • the doomsday scenario (what if you don't license?)
  • the ancillary values of widely licensing works (so that they are seen, known)
  • the chilling impact of licensing on scholarly publishing
  • the economic hardship museums themselves face from licensing works
  • the relatively few mis-uses of widely licensed works
  • the concept of 'moral rights' of the creator (for attribution, and for a share of the profilts?)
  • the costs in the system of administrating rights (and determining the rights holder, and the problem of orphan works)
  • the need to maintain relationships with artists (and therefore respect their rights)
  • available services for policing
  • hybrid markets, multiple sources of income
  • challenges of managing multiple licenses with multiple terms
  • creative commons licensing
  • layers of rights in works and their reproductions

we still don't seem to be able to have a discussion that separates the concepts of licensing and charging fees, of appropriate use and reasonable return, of mission-driven activities and un-related economic activity.

Comments

dbear's picture

making 20th century art available as part of the problem

I noted from the floor that 15 years ago the Museum Educational Site Licensing project had addressed many of these issues, identifying transaction costs as a major concern for example (which PLUS is now trying to address), and that in developing a subscription licensing model under AMICO it solved a part of the problem we are in danger of loosing sight of: how to make 20th century art available for educational use.

As we know, many now feel that if its "not on the web, it doesn't exist", but individually licensing works to make 20th century art available on the web costs museums more than they can afford. By combining the works that are not under artists copyright with those which are, and licnsing subscriptions to them together, museums found a way to put their 20th century works into the educational domain (paying the ARS and VAGA fees from the siubscription charges). The AMICO model, now used also by ARTStor, solves this problem reasonably well. We need to make sure as we provide "free" access to works not in copyright that we have an overall environment that supports access to works that are under artists copyright too.

David Bearman

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