if and when a photograph is "borrowed" from a museum and a usage fee is
collected, is there some type of contract between the parties that
restricts its use, and/or the number of reproductions allowed? is
altering the image allowed? does this all depend on whether the buyer
will profit from using the image or not? if anyone has any samples of
this type of contract would they mind sharing it with me?
thanks, heidi


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Date:    Mon, 23 Sep 2002 15:04:35 -0500
From:    Faye Andrashko <[log in to unmask]>
Subject: Re: schedule of fees

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Another thought (or two) on the photographic fee schedules...
One thing that has not been mentioned on image-use fees is whether the
use is for profit or not. That is a seemingly critical distinction. If
the image's use is to be strictly for educational purposes and the
product is not to be sold for a profit, it would seem to warrant a
different (and lower) fee schedule than a for-profit publication. A
number of museums do make that distinction. As simple an issue as it
may seem, there is often significant time and effort, not to mention
some material expense, that go into supplying images: sometimes
multiple correspondences, recordkeeping, reproduction processing,
mailing--and, quite often, unrealistic deadlines on the receiving end.

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