A note before starting
Copyright law differs from country to country, and details such as how long protection lasts, what exceptions exist and how licenses work vary. This article describes general ideas to help you ask better questions. It is not legal advice, and a project with real risk deserves advice from someone who knows the law where it will be shown.
Owning an object is not owning its image
A common surprise: a museum can own a painting, a letter or a photograph without owning the copyright in it. Copyright usually belongs to the creator or someone they transferred it to, or sometimes to an employer. Owning the physical item is a separate matter from the right to copy, display or publish it. When a museum acquires something, the paperwork may or may not have included the copyright, so records can be unclear.
So for each image, sound or film you want to use, there may be several layers of rights:
- the rights in the original work, such as a painting or a photograph;
- the rights in a new photograph or scan of it, which may belong to the photographer or the institution that made it;
- rights in what the image shows, such as a person’s likeness or a trademarked design;
- rights in the recording, such as separate rights for a song’s composition and a particular performance.
Each layer may have a different owner.
Different kinds of material
Photographs and artworks. Works by living or recently deceased creators are commonly still protected. Older works may have passed out of protection, but this depends on place and on circumstances like when and where something was published. Do not assume that “old” means free to use.
Faithful reproductions of old works. In some places a straight photograph of a two-dimensional work whose protection has ended does not create a new protected work; in others, it may. This is a point where rules vary, so check locally.
Audio and video. Music in a video, a voice recording or a clip from a broadcast may involve several rights holders. Background music in a clip you filmed can be a hidden problem.
People. Beyond copyright, a recognizable person may have rights relating to privacy or the use of their image, especially for promotion. Recordings made for an exhibit are covered in the discussion of consent for photography and recording.
Text and captions. Quotations, translations and labels written by others can be protected too, and an exhibit translation is itself a piece of work with an author.
What permission can look like
When material is protected, you generally need permission, unless an exception clearly applies. Permissions come in several forms:
- Direct permission from the rights holder. A written agreement covering what you plan to do.
- A license. A standard set of terms for use, sometimes free, sometimes paid.
- Public-domain material or open access images. Where the owner has released material for broad reuse, or protection has ended, you can usually use it, but read the stated terms and credit requirements.
- A statutory exception. Some places allow limited uses, such as quotation or education, but the boundaries are narrow and differ by place. Do not rely on a general belief that museum or educational use is automatically allowed.
What a good permission covers
A short permission note can still be precise. It helps to state:
- What is being used, identified clearly enough that no one can mistake it.
- How: on a gallery screen, on a website, in printed material, in social media, in promotional film.
- Where and for how long: one venue or worldwide, for the run of the show or indefinitely.
- Format and changes: whether the image may be cropped, animated or put into a 3D viewer.
- Credit line: the exact wording the owner wants.
- Fees, if any, and who pays them.
An exhibit that later becomes a touring exhibit, goes online or is archived may need broader permission than the original gallery use. Asking for the wider scope at the beginning is often easier than going back afterward. Also think about the exhibit’s whole life: plans for archiving an online exhibit after the show ends should be reflected in what rights you hold.
Digital display changes the questions
On-screen use often involves making copies, adjusting size and color, adding captions and sometimes allowing zoom or download. If visitors can zoom in far, the resolution at which an image is shown may matter to the rights holder, so some owners restrict it. Image resolution and file formats are a technical topic, but it is worth knowing that a license may specify a maximum size. Similarly, an interface that lets visitors save or share pictures should be consistent with the permissions you hold.
Keeping a permissions record
Keep a simple register, usually a spreadsheet, listing each item, its source, the rights holder, what permission you have, any conditions, the credit line and the date. Store copies of the correspondence. This makes it easy to answer questions later, to update credit lines and to see which items need renewal when a new version of the exhibit is planned.
Make credits easy to find. Digital exhibits can include a credits panel, and credit text in the label or caption is often required by the agreement.
When rights are unclear
Sometimes you cannot find the owner, or the records are incomplete. That is a recognized problem with its own approaches, covered under orphan works. Where uncertainty remains, the cautious options are to choose an alternative image, use material you made yourself or that clearly comes with permission, or take advice before going ahead. Time pressure is not a reason to guess.
Practical habits
- Start rights checks early; replies can take weeks.
- Prefer material with clear terms when two options are equal.
- Make your own photographs when possible, and agree in writing who owns them if a freelancer takes them; object photography done in-house avoids many questions.
- Do not assume that something found online is free to use. Its availability says little about its license.
- Update your records when content changes.
Rights work is unglamorous, but a well-kept register protects both the museum and the people who created the work.