Public domain means just that.  The art is the public’s and there is no
legal basis for you to charge a usage fee.  At least they have credited your
institution, which they have no legal responsibility to do.

 

Sincerely,

 

Robert Panzer

Executive Director

VAGA (Visual Artists and Galleries Association, Inc.)

350 Fifth Avenue

Suite 2820

New York, NY  10118

Tel: 212 736 6666

Fax: 212 736 6767

email: HYPERLINK "mailto:[log in to unmask]"[log in to unmask]

 

   _____  

From: Museum discussion list [mailto:[log in to unmask]] On Behalf
Of Cynthia Mackey
Sent: Monday, May 14, 2007 11:03 AM
To: [log in to unmask]
Subject: [MUSEUM-L] Reproduction rights

 

I came across a website that is selling a reproduction of an item in our
collection. The company even states on their website that the reproduction
is based on an item from our collection. I have looked through numerous
files to see if an agreement was made between our museum and the company,
but have not found anything. The item was made in the 18th century so it is
in the public domain, but I'm wondering if as a museum we have any rights to
contact the company and start charging usage fees or something of the sort.
I am not sure how long they have been selling this item either so that
complicates the situation. 

 

It is our current policy to charge usage fees for any of our images in our
collection so we are familiar with that process but not with reproductions
of 3-dimensional items from our collection which are then sold by another
company.

 

I just have some concerns since they are using our name to promote the
authenticity of their reproduction without any known consent from us. Any
suggestions as to what to do next?

 

Cindy Mackey

 

  

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