Hostname: page-component-6d856f89d9-jrqft Total loading time: 0 Render date: 2024-07-16T08:29:46.500Z Has data issue: false hasContentIssue false

Reproducing Works of Art Held in Museums: Who Pays, Who Profits?

Published online by Cambridge University Press:  28 February 2024

Madeline H. Caviness*
Affiliation:
Tufts University

Abstract

Human knowledge would benefit greatly if images of all works of art in the public domain - i.e. those for which the creator's copyright has expired - were readily available on the web. Scholars pay a high price in reproduction fees to illustrate their articles, while institutions profit from the exposure their collections and archives are given in the pages of scholarly publications. Legal and commercial forces of regulation and licensing are attempting to extend their control over copyright at a time when digital technology makes the dissemination, downloading and reproducing of electronically generated and scanned images easier than it has ever been. Some collections of photographic images of works of art are charging high fees in situations where their right to claim ‘ownership’ is contentious. The author argues, with reference to the work of Robert Baron, that because digitization has made control of intellectual property a for-profit business, the net result could be an undermining of public domain. Subscription deals with non-profit institutions could be a fairer way forward, and ARTstor is cited as a positive example.

Type
Research Article
Copyright
Copyright © ICPHS 2006

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Baron, Robert (1997) ‘Copyright and Fair Use: The Great Image Debate. Editor’s Introduction, Summary and Analysis’, Visual Resources: An International Journal of Documentation XII (3-4).Google Scholar
Bielstein, Susan M. (2006) Permissions, A Survival Guide: Blunt Talk about Art as Intellectual Property. Chicago: The University of Chicago Press.CrossRefGoogle Scholar
Adams, Brooks et al. (1999) Sensation: Young British Artists From the Saatchi Collection. London: Thames & Hudson.Google Scholar
Caviness, Madeline H. (1994) ‘Learning from Forest Lawn’, Speculum 6969.CrossRefGoogle Scholar
Caviness, Madeline H. (2001a) Visualizing Women in the Middle Ages: Sight, Spectacle, and Scopic Economy. The Middle Ages Series, ed. Karras, Ruth Mazo. Philadelphia: University of Pennsylvania Press.Google Scholar
Caviness, Madeline H. (2001b) Reframing Medieval Art: Difference, Margins, Boundaries. Medford.Google Scholar
Caviness, Madeline H. (2002) ‘Iconclasme et iconophobie: quatre études de cas historiques’, Diogène 199199 (juillet-septembre).CrossRefGoogle Scholar
Caviness, Madeline H. (2003) ‘Iconoclasm and Iconophobia: Four Historical Case Studies’, Diogenes 199: 99114.CrossRefGoogle Scholar
Elkin-Koren, Niva (2004) ‘The Internet and Copyright Policy Discourse’, in Nissenbaum, Helen and Price, Monroe E. (eds), Academy and the Internet, pp. 252274. New York: Peter Lang.Google Scholar