There are two issues in regards to copyright and the licensing of images
(USA).

The first is the copyright inherent in the creation of the photograph. This
exists even if the image is not filed with the copyright office, but certain
protections may be lost as a result. There are many types of copyright
permissions and licencing arangements - these can be found in the white paper on the
professional media photogrpahers association site:

http://www.asmp.org/publications/whitepaper2.shtml

The second issue, and the one of most relavence to this discussion, is that
of property rights. Musuem collections constitute property and as such, images
of them cannot not be used without the express permission of the owner,
especially in a public venue and super-especially when the image is used for profit.

I know that artistic copyright is limited by a defined time limit and
eventually becomes public domain. I run into this all the time in my work in
conservation - as rights extend to 70 years after the creation of a work and are
passed along when the artist passes away to his/her heirs. Whenever I have a
treatment proposal for a modern sculpture, for instance, I always ask the curator to
gain permission of the artist/owner of the rights of the work before any
treatment is initiated.

I don't think that the same time limit applies to property rights - which
belong to the current owner of the property.

That is my limited understanding of the issue - I am sure that someone who is
more deeply versed in property rights and licensing can explain with much
more clarity.

Cheers!
Dave

David Harvey
Artifacts
2930 South Birch Street
Denver, CO  80222
303-300-5257
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