Permission museums to publish their work?

[Meister]

Dear forum users, I need your help!

Show you where you can look at the laws or rules by which museums (Russia and the West) can transmit images of their works (not for their own work, namely, pictures) for inclusion in the catalogs and exhibitions? and how it all happens? interesting cases from practice!

[Сима]

Meister, from my long practice - the rules were not any. Worked on the rules established by the museum director's order. Maybe the price list of services - re-take. photocopying of documents, selection of officers, etc., ie "overhead" - this should also be establishing a document - the order of the director. But this is not for self use - it installed with the ceiling price, depending on circumstances. I was always in such cases, disturbed, which may be a legal successor, and that the law may be long sold by the artist himself, or successors of any foreign office human. For example, in Figure Goncharova were signs indicating that the rights transferred. Also faced with the fact that the import catalogs (museum exhibitions) on the work of other museums raised a copyright office.

But no one in the museum are not embarrassed. Nobody never claims were filed, even living artists. Because "use" - this is an article of income, extra-budgetary funds, ie remained in the museum at the prize. But now, my heart can feel something is changing. So I also wonder what to say.

[Евгений]

Сообщение от Meister

show you where you can look at the laws or rules by which museums (Russia and the West) can transmit images of their works (not for their own work, namely, pictures) for inclusion in the catalogs and exhibitions ? and how it all happens? interesting cases from practice!
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In this theme "Managing the right route to a work of fine art, as well as author manuscripts (autographs) of literary and musical works" issues discussed in part
http://forum.artinvestment.ru/showthread.php?t=20025

[dedulya37]

Сообщение от Meister

for inclusion in catalogs and exhibitions? and how it all happens? interesting cases from practice!

Сообщение от Sima

So I also wonder what to say.

It will be interesting to all, I think.
When I turned to the State Museum of Fine Arts of the Republic of Tatarstan with the request to send me photos, they are not denied, but always asked to point to their membership of the museum.

[K-Maler]

Сообщение от Sima

Default
Meister, of my long practice - the rules were not any. Worked on the rules established by the museum director's order. Maybe the price list of services - re-take. photocopying of documents, selection of officers, etc., ie "overhead" - this should also be establishing a document - the order of the director. But this is not for self use - it installed with the ceiling price, depending on circumstances. I was always in such cases, disturbed, which may be a legal successor, and that the law may be long sold by the artist himself, or successors of any foreign office human. For example, in Figure Goncharova were signs indicating that the rights transferred. Also faced with the fact that the import catalogs (museum exhibitions) on the work of other museums raised a copyright office.

But no one in the museum are not embarrassed. Nobody never claims were filed, even living artists. Be

Сообщение от Sima

d ' "use" - this is an article of income, extra-budgetary funds, ie remained in the museum at the prize. But now, my heart can feel something is changing. So I also wonder what answer

This is the law of copyright. 70 years after the death of the author's permission to publish his works are not required, it is considered a national treasure. But the practical issues, of course, relate to the cost ...

[Синица]

Do not bother to delve into the legislation, but it seems that museums do not have the right to prevent use of the image, if there is a link to the museum and if the exclusive right to work belongs to the museum (t.e.gosudarstvu). It should be clarified.
In our case, we entered into contracts with the museum. The procedure is simple - a letter addressed to the Director, and, after resolution, the Director - an agreement on the use of the image. And also reimburse the museum small overhead (associated with the diversion of staff, once - with a stretch on a stretcher and shaking off the dust, etc.) and to guarantee the transfer of the museum by a certain number of ready-made albums.

[Meister]

Thank you for your feedback, clarify the truth has not yet happened. When you take the work of the museum to the exhibition, then you pay the money as it were, for her rent. This is one situation. Museum must formalize the issuance of reception work, to undertake these expenses, etc. But I'm talking specifically about the images. I understand that all rights to them belong to museums and only with their permission you can use images in the exhibitions or catalogs. Just because they do not give permission to reason perhaps they zahochut money. Prices, as I understand it, are taken from the ceiling. Another interesting museums I have anything to transfer to heirs with the publication of images? which laws can read about it? ready to do it and report back))

[dedulya37]

Сообщение от Meister

But I'm talking specifically about the images. I understand that all rights to them belong to museums and only with their permission you can use images in the exhibitions or catalogs. Just because they do not give permission to reason perhaps they zahochut money. Prices, as I understand it, are taken from the ceiling. Another interesting museums I have anything to transfer to heirs with the publication of images? which laws can read about it? ready to do it and report back))

Obviously, the right of the image must belong to museums only after 70 years after his death. But everything changes and this term can be reduced. : mad: (only increase possible presidency) And while these 70 years have not ended, copyright for the publication of must belong to the heirs, I guess.
I think that museums do not have the right to prohibit the publication of works. But they themselves were just also have to pay money for a publication, just as they can refer to the publishing house which publishes and catalogs, albums, and offer the heirs to claim the money from the publisher.

[LCR]

Сообщение от dedulya37

Obviously, the right of the image must belong to museums only after 70 years after the death of the artist. But everything changes and this term can be reduced. : mad: (only increase possible presidency) And while these 70 years have not ended, copyright for the publication of must belong to the heirs, I guess.
I think that museums do not have the right to prohibit the publication of works. But they themselves were just also have to pay money for a publication, just as they can refer to the publishing house which publishes and catalogs, albums, and offer the heirs to claim the money from the publishers.

Here in the West, the situation is more or less as you describe. But in Russia, I think, when a museum acquires or accepts a gift of the work to which the copyright has not yet ended, then prepared a contract in which all of the right to work were assigned to the museum.
I do not know how this is the case with the work for which contracts were not executed, but I think that they invented something to translate the law itself.

[Синица]

Meister,
Since we are also trying to deal with this issue, I will try in order:

1. Term of the exclusive right has not expired, belongs to the heirs.

In accordance with Art. 1270 Civil Code the right to reproduce the work, including in the form of photographs and color slides, refers to the exclusive right , which belongs to the author of a work or his heirs. The exclusive right is valid for the life of the author and 70 years, counting from 1 January following the year of death of the author (Art. 1281 of the Civil Code).
Thus, if the exclusive right had not expired and is owned by the heirs of the author, should conclude with an agreement on granting the exclusive right to reproduce and publish works (Art. 1286 of the Civil Code).
In this case, the museum is the first curator of tangible media works. This authority of the museum are exhausted, unless the contract of the museum with the author stipulates otherwise. The fact that the museum exhibits painting, copyright does not apply, because it belongs to the author or copyright holder to whom it passed under the contract, inheritance, etc.

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2. Term of the exclusive right has not expired, belongs to the museum.

Actions of the previous algorithm, but in this case the agreement granting the exclusive right to reproduce and publish the works is the museum.

3. Term of the exclusive right has expired, the picture belongs to the museum on the property right.

Major museums are usually exhibited the works, the term of copyright for which long ago expired. Therefore, for such museums as the Hermitage, Russian Museum, Peter and Paul Fortress, the problem of copyright is not so relevant. If a painting by Ilya Repin is stored in the Russian Museum, and the term of protection of property rights now expired, no one, including the museum, has the exclusive right to authorize or prohibit the reproduction and distribution of reproductions of the paintings.
But this should be borne in mind that there is a RF Law on museum collections, in article 36 of the first of which a right of first publication of the , which is exhibited in the museum and is included in the Museum Fund of Russia belongs to the museum. Clearly the law says only the "first publication". About transfer of the same rights to commercial use of reproductions of museum objects that are included in the Museum Fund of Russia, said that such a transfer " is carried out by museums in the manner prescribed by the owner of the museum objects and museum collections ". What does this mean, it is not clearly defined in the text of the law.
So very often museums are trying to prevent commercial publication stored their items, even if the term of copyright has expired. For example, not so long ago, Moscow's largest museum of St. Petersburg publishing house filed a claim on the fact of using a number of paintings from the collection (mostly - early 20 th century) for the design of book covers of publications. The museum is just referred to that article of the Law on Museum Fund of the RF. In this case all the paintings have been repeatedly published in the press and the term of copyright has expired long ago. Museum threatened judicial recovery of huge sums of money. However, the publisher replied that the copyright of the pictures have stopped and the museum has no right to demand any payment for the use, after which the letters just stopped. Apparently, the museum realized the lack of validity of their claims.

Article 36
The publication of museum objects and museum collections
The right of first publication of museum objects and museum collections, are included in the Museum fund of Russia and are in museums in Russia, belongs to the museum, which set out details of museum objects and museum collections.

The transfer of rights to commercial use of reproductions of museum objects and museum collections, are included in the Museum fund of Russia and are in museums in Russia, carried out by museums in the manner prescribed by the owner of museum objects and museum collections.

Production of graphic, print, souvenirs and other edits and production of consumer goods that use images of museum objects and museum collections, buildings, museums, sites located on the territory of the museum, as well as using their names and symbols is carried out with the authorization of the museums.

Thus, the first publication of the exhibits stored in the museum, the validity of the exclusive rights which have already expired, shall pass with the consent of the museum. In this case it is advisable to enter into a contract with the museum for reproduction and publication of copies of works.
In the case where the paintings have been repeatedly published in the press, the museum is entitled to a fee for the production of photography on its premises, in accordance with approved internal rules and rates.