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Rights and Reproductions Please note that processing reproduction requests can take anywhere from two weeks to two months. Step 1: Which work? Identify the work(s) you wish to reproduce. Usually the title and artist of the work are enough to identify it, but other information like materials, dates, or accession numbers will be helpful. Step 2: Is the work copyrighted? The Museum, though it owns the works in its collection, does not own the copyrights of the works. Permission to reproduce a work must be secured from the copyright holder as well as from the owner of the work. Public Domain: A work considered to be in the public domain is a creative work that is not protected by copyright and may be freely used by everyone. The reasons that the work may not be protected may include: (1) the term of copyright for the work has expired; (2) the author failed to satisfy statutory formalities to perfect the copyright; or (3) the work is a work of the U.S. government. All works created on or after January 1, 1978, have a copyright term of the life of the creator plus 70 years. However, all works published in or after 1923 are also liable to still have active copyrights. To determine the copyright term of a work, see this website: http://www.unc.edu/~unclng/public-d.htm If the work is not copyrighted, proceed to Step 3. If the work you are requesting to reproduce is copyrighted, you must contact the administrator of the copyright. This is often smart to do even if the reproduction of the work is fair use (see below). The administrator can be the artist, the estate or the gallery of the artist, or a third-party organization like Artists Rights Society (ARS) or Visual Artists and Galleries Association (VAGA). The artist’s gallery, if it is not, can often direct you to the copyright administrator. The administrator may impose their own, additional procedures and fees. Fair Use: The fair use of a copyrighted work, including such use by reproduction, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use, the factors to be considered shall include:
Some helpful websites:
Step 3: Place your request with the MuseumOnce you have determined copyright status, and/or secured permission to reproduce the work from the administrator of the work’s copyright, contact the Museum with the following information:
Step 4: InvoiceThe Museum will determine whether or not to grant permission to reproduce the work and the Museum will provide a cost estimate. If the requester accepts the Museum's estimate, an invoice will be issued. PAYMENT IS REQUIRED. Click here for a complete Fee Schedule. Step 5: Approval of the printer’s proof or mock design
Step 6: Permission grantedOnce the Museum has approved the proof, a permission form for the reproduction of the work of art will be sent to the requester to be signed. The publisher is to provide the Museum with at least one copy of the publication in which the reproduction appears. THE HERBERT F. JOHNSON MUSEUM GIVES NO EXCLUSIVE RIGHTS TO ANY PUBLISHER, AUTHOR, OR PHOTOGRAPHER. NOR DOES THE MUSEUM ASSUME ANY RESPONSIBILTY FOR CLAIMS BY THE ARTIST OR OTHER THIRD PARTIES.
For additional information or to begin processing your request, contact:
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