Hi Sarena
I'd be very wary of signing away all rights 'in perpetuity'. My concern, speaking from experience, is that you have no way of knowing how popular or commercially orientated your images might become in the next year, next decade or even beyond that!
Whilst the financial returns (in the way of an initial one-off fee) might be attractive to you as of now, these images might just become even more lucrative in the future and by then you would have passed away most of your bargaining powers.
I'd recommend a series of fairly restrictive, non-exclusive, agreements covering each specific product or product type, all of which have to be renegotiated with all subsequent new editions (as in books and other paper products) or repackaging (as in CD, video and DVDs). This might not necessarily involve further substantial payments to your organisation, but at least you're keeping track of what's being produced. Do you really want to see your images being used on commercial products that you're not only unhappy with but have no control over?
Clearly, the client sees a probable market by asking for rights 'in all media', so why should you sell yourselves short?
It's only a suggestion.
Peter Trowles
Taffner Curator, Mackintosh Collection
The Glasgow School of Art
167 Renfrew Street
GLASGOW
Scotland
G3 6RQ
www.gsa.ac.uk
-----Original Message-----
From: Sarena Deglin [mailto:[log in to unmask]]
Sent: 03 July 2003 14:15
To: [log in to unmask]
Subject: How to handle reproduction rights in all media in perpetuity??
I have a request for which the proposed use of several images from our art
collection is commercial. The company is asking for rights in "all media,
worldwide in perpetuity." This type of request is out of the scope of our
normal clientele (largely non-profit scholarly work and/or artist
monographs) and we don't have a set policy for addressing this request. Does
anyone have any suggestions or advise based on your experiences? This is a
very large commercial enterprise which is initially asking to publish the
images, which are in the public domain, on a DVD.
All help appreciated!
Thanks,
Sarena Deglin
Office of Rights and Reproductions
Delaware Art Museum
Wilmington, DE
302-571-9590 ext.639
302-571-0220 fax
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