Timothy,
Please try not to be disturbed. It was not our intent. To answer your
misreading of my response...
Certainly not, artists are allowed to draw their inspiration from any
source they see fit. They can even "appropriate" whole themes and images.
Historical illustrators, are themselves artists, and are doing the same
thing with their work. Niether is relevant to the topic at hand. Your
consultation of books and artifacts for your own work is the same. You did
not, nor do you intend to crank out thousands of a reproduction for
commercial profit.
Jenna's original question implied that there were objects/photographs in
her collection that she was concerned certain individuals wanted to
copy/reproduce. We were not talking about simple artistic appropriation or
inspirational research. We are talking about commercial reproduction on a
large scale. Since such a thing can bring down both heavy rights issues and
heavy headaches, I noted the need for a contract.
A contract is required to indemnify both the producer and the institution
providing the source materials. I did not suggest she try to gouge the
producer, nor did I suggest she seek to prevent people from accessing her
collections. My statement, which was clear and concise, indicated she
protect herself and her institution.
If in the acquisition of more information, Jenna finds that they are just
doing general research to see what historical examples used, then so be it.
If they want to actually reproduce an old game/toy/image then she has the
right to expect the producer to follow certain guidelines. Specifically,
making sure her institution is credited as the source.
Mark Janzen
Registrar/Collections Manager
Edwin A. Ulrich Museum of Art
Martin H. Bush Outdoor Sculpture Collection
Wichita State University
(316)978-5850
Timothy McShane
<timmcs@MEDICINEH
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Re: Photograph Release Policy
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I'm a bit disturbed by the initial question, and more so by the
follow-up that "ANY commercial venture should be accompanied by a legal
contract and a full understanding of the various rights involved." Does
that mean an artist who draws inspiration for a sculpture from the lines
of an artefact in a museum collection would be unable to sell that
sculpture without a legal agreement with the museum? What about an
illustrator hired (for pay) for a history book (that would be sold
commercially) that conducts research in a museum to ensure the
historical accuracy of his/her illustrations? I personally have
conducted research on museum collections to make more
historically-accurate armour and jewelry pieces--these are not precise
replicas of the originals, but rather follow the same traditions of the
originals in terms of size, proportions, decoration, etc. Should I not
be allowed to sell these products of mine to interested buyers because I
don't have agreements with the museums where I've done research? Or for
that matter, because I don't have similar agreements with the publishers
and authors of books I've consulted for similar information?
Yes, you have a right to control how your images are used. Yes, you
have a right to control access to your collections and documentation.
But trying to control the production of reproductions based on research
on originals strikes me as going a bit too far (now if someone wanted to
make moulds of your originals to cast precise replicas, I could see that
as being different--but that would be an issue of appropriate
collections access, not what's done with acceptable research conducted
on your collections). Seems to me what's being discussed is limitations
on the very research that many of our collections exist to facilitate.
Cheers,
------------------------------------------------------------
Tim McShane, Assistant--Cultural History
Medicine Hat Museum and Art Gallery
1302 Bomford Crescent S.W.
Medicine Hat, AB T1A 5E6
(403) 502-8587
[log in to unmask]
>>> [log in to unmask] 6/4/2004 9:04:41 AM >>>
Jenna,
I would say do not leave that at the suspicion level. Find out exactly
what
their purpose is before anything is seen or photographed. ANY
commercial
venture should be accompanied by a legal contract and a full
understanding
of the various rights involved. Do not give them even a basic
opportunity
to sidestep your institution and its right to image control and
compensation. If they balk at such an arrangement, then deny them
access.
Once the understanding has been achieved, they can take any photos and
measurements they please.
Mark Janzen
Registrar/Collections Manager
Edwin A. Ulrich Museum of Art
Martin H. Bush Outdoor Sculpture Collection
Wichita State University
(316)978-5850
Jenna
Carroll-Plante
<JCPlante@SHAKERS
To
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06/04/2004 07:40
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Hello all,
How does your museum handle requests to review artifacts by someone
you
know is probably going to take that information and those images to
produce
and sell reproductions of that product. We have a photograph
agreement
policy for outside researchers and a product development policy (for
our
demonstrators). What are your impressions of allowing people to
review
your collection to make commercially-sold products? Do you limit them
from
taking exact measurements and/or images?
Jenna
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