Image Reproduction Rights in a Nutshell for Art Historians

Abstract

This essay describes the "permissions culture" of reproducing photographs of artworks in art history scholarship. It observes that photographs of public domain works usually aren't protected by copyright, and that art historians don't actually need permission to use photographs, when it's protected by fair use. It argues that art historians should stop asking for permission to use images when permission isn't required. Perhaps more importantly, it argues that museums should stop imposing artificial limits on the use of their collections, and publishers should stop requiring art historians to obtain image permissions, when no permission is required by law.

Keywords: art, art history, copyright, licensing, copyright licensing, contract, reproduction rights, image permissions