If you can stand another posting on images on the web... here are some
comments on legal issues, and a great legal resource that we use...
First, it was unclear what Maria Elena means by 'artwork'. If the artist
is alive and still owns the copyright and electronic licensing rights of
that artwork, you work directly though that artist (even if that work was
commissioned by another party, the artist still owns the copyright and
licensing unless specifically signed away...). We have a general waiver we
use that grants us access to use something in 'all media all forms', so
that if we have a touch screen kiosk we later adapt for the web, we don't
have to go back and clear rights.
If the artist is deceased, there is a good possiblity someone else owns the
electronic rights (Bill Gates purchased quite a bit before the web really
took hold.) Classic works of art are available for purchase and licensing
from a CD-ROM and carry specific requirements on use. Even if you own a
piece of artwork, you may not have electronic rights. If you are looking
for famous pieces of art, take a look through some stock footage catalogs,
or try searching the name of the piece in a good search engine. If the
artist is long dead and not quite as famous as DaVinci, see if the estate
for that artist has a ruling.
Second, regarding people in pictures. Our lawyers have advised us that we
need clearance from anyone in the photo (particularly children, in which
case their gardian would issue the permission). What I've seen in other
public places is near the entrance a sign to the extent of "Occassionally,
we take photographs and video of our patrons for marketing and educational
purposes. If you would rather not be included, it is your responsibility to
notify the photographer or remove yourself from the photographic setting."
We have NOT had this kind of statement cleared with a lawyer, and you may
wish to do so. I agree that group shots in a public setting are fair game
for use.
Generally speaking, we try not to use children in our shots without express
permission, just creates less headache!
Finally, we use a great resource to answer questions like this, and similar
legal questions related to multimedia (such as web) development:
Software Development: a Legal Guide
Published by Berkeley Nolo Press
ISBN: 0-87337-397-9
The book has extensive discussions of patents and copyrights, trademarks,
software and multimedia development, as well as employment and consultant
agreements (for those of you wishing to hire artists or contract work).
In the for what it's worth department: I agree that museums and public
educational houses should be able to share whatever resources on their
website they legally own, but it is also important for anyone using those
images to take responsibility for them, and understand that that
artwork/photo/whatever is owned by someone. I would encourage you to put
something on the bottom of the page or within the site that says, "If you
would like to use any of the images, resources or artwork on this site,
please contact us (give email). In most cases, we will grant you
permission within a few days, and give you guidelines on how to give credit
to the artist, author or photographer."
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Barbara Chamberlin, Media Specialist
Agricultural Communications
New Mexico State University
Las Cruces, NM 88003
505/646-5659
fax: 505/646-3513
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