I don’t know if this will be helpful or not, but we have a similar problem at The Mariners’ Museum because the Curator of Photography regularly solicits donations from living artists.  To help sort out who receives what rights we developed a specialized Deed of Gift that allows the artist to retain his commercial rights and license but allows the Museum to use the work in catalogues, on the Museum’s web site, in brochures, and for publicity and other exhibition related, non-commercial use.  We figured that those things were more important for the Museum’s needs that the revenue that selling the works would generate.

 

In another case (and this might be more appropriate for your situation) we purchased a painting that has been the cover artwork for several well-known books.  Our arrangement with the artist is that reproductions of the image will be supplied by the Museum (i.e. the museum earns the revenue from the production and supplying of the negative or digital image) but the artist receives the usage fees (this is usually worked out with the artist on a case by case basis). So far, this has worked really well for us.

 

If you would like the names of the individuals who regularly deal with these situations contact me off list at [log in to unmask] and I will supply their names and phone numbers.

Jeanne

 

 

Jeanne Willoz-Egnor

Director of Collections Management, Associate Curator of Scientific Instruments

The Mariners’ Museum

100 Museum Drive

Newport News, Virginia 23606