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Copyright, Museums and Public Domain Artworks

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DustieN

Junior Member
Arkansas

Is it legal for museums to restrict photography to personal use only on original artworks in the public domain (pre 1922)?

Research suggests that they don't have such rights, but that the question hasn't been put to the test through the courts.

If I did break that rule, and the museum tried to sue me, think I could get a lawyer to represent me for the publicity value such a case would bring since, with the advent of the internet and the prolification of web pages and blogs, copyright is a huge issue? I'd never have pockets deep enough to fight a big museum otherwise.
 


quincy

Senior Member
The question has been put to the test in courts.

While the decisions that have come from the particular courts that have decided these public domain/copyright infringement issues are not binding on other state or federal courts, the most influential case, and the one quoted in the cases that have followed, is Bridgemen Art Library v Corel Corp, 36 F. Supp 2d 191 (S.D.N.Y. 1999). You may wish to Google the case. You can access it for free online.

You may also wish to check out Meshwerks v Toyota, 528 F. 3d 1258 (10th Cir 2008), which quotes Bridgeman.

Museums are allowed, by the way, to prohibit photo-taking entirely in their buildings.
 

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