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
Tel: 212 736 6666
Fax: 212 736 6767
email: [log in to unmask]
From:
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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