"Museums face steady demand for images of artworks from their collections, and they typically provide a service of making and delivering high-resolution images of art. The images are often intellectually essential for scholarly study and teaching, and they are sometimes economically valuable for production of the coffee mugs and note cards sold in museum shops and elsewhere. Though the law is unclear regarding copyright protection afforded to such images, many museum policies and licenses encumber the use of art images with contractual terms and license restrictions often aimed at raising revenue or protecting the integrity of the art. This article explores the extent to which museums have strained the limits of copyright claims and indeed have restructured concepts of ownership and control in ways that curtail the availability and use of art images far beyond anything that may be grounded in the law. This article examines the relevant copyright law applicable to the making and use of reproductions of art images, and it identifies the challenging pressures that museums face as they strive to make policies in the context of law but that also serve the multiple competing interests coming to bear on officials and decision makers inside museums. The article analyzes selected policies from major museums and provides an original construct of forms of “overreaching” that often appear in written standards offered by museums for the use of images. The analysis of policies also demonstrates that museums have choices in the shaping of institutional policies, and that breaking away from familiar policy terms can sometimes better serve institutional and public interests. "
"Many museums and art libraries have digitized their collections of artworks. Digital imaging capabilities represent a significant development in the academic study of art, and they enhance the availability of art images to the public at large. The possible uses of these images are likewise broad. Many of these uses, however, are potentially defined by copyright law or by license agreements imposed by some museums and libraries that attempt to define allowable uses. Often, these terms and conditions will mean that an online image is not truly available for many purposes, including publication in the context of research or simple enjoyment. Not only do these terms and conditions restrict uses, they also have dubious legal standing after the Bridgeman case. This paper examines the legal premises behind claiming copyright in art images and the ability to impose license restrictions on their use."
"The development of new digital technologies has led to fundamental changes in the ways that copyright works are created, accessed and distributed.
These developments have enhanced the ability of cultural institutions to fulfill their public interest missions of access, preservation, research and education. For instance, many institutions are developing publicly-accessible websites in which users can visit online exhibitions, search collection databases, access images of collection items and - in some cases - create their own digital content. Many internal activities are also facilitated by digital technologies, including collection management, preservation activities, exhibition planning, and record keeping for incoming and outgoing loans. "