This section covers the use of images that depict works of fine art and highlights the need to obtain permission from the artist whose work is depicted in an image. In certain instances, the work of art depicted in an image may be protected under United States or foreign copyright laws.
Specific fine art-related copyright questions addressed in this page include:
What is Copyright?
Copyright is the legal right that artists and creators have to determine how their works are used or reproduced. The purpose of copyright is twofold. First, it protects the artist’s right against piracy or illicit use. Secondly, it provides the economic incentive for artists to create. Copyright provides additional income for artists derived from the reproduction, adaptation, distribution, performance and display of their own work.
When Does Copyright Apply to a Work of Art?
As soon as an artist creates a work of art (painting, sculpture, photography, literature, film, etc.) it is protected by copyright. Artists (or their representatives) then have the right to determine how a work can be reproduced, and they are entitled to a fee when the work is reproduced. Although copyright laws can vary from country to country, generally the duration of an artist's copyright is 70 years after the death of the artist. After the 70 years expire, the work is no longer under copyright and can be reproduced without any additional clearances or copyright fees. It is considered to be in the “public domain.”
Any artwork created by a living artist or an artist deceased fewer than 70 years is subject to copyright law. As such, the artist or their representative must be contacted for copyright clearance, and they are entitled to royalties.
Who Holds Copyright in an Image Depicting Fine Art?
The photographer holds copyright in the image, and the artist holds the copyright on his or her created works of fine art. Corbis can provide images of the work, but we do not hold the copyright in the art depicted in the image and cannot provide copyright clearance. It is the client's responsibility to obtain copyright clearance from the artist and to pay the additional fees associated with the usage. Whenever possible, we will assist you in getting copyright clearance, but the ultimate responsibility falls upon the client using the image.
What is Corbis’ Policy on Fine Art and Copyright?
When you select a fine art image that is under copyright, Corbis notes that additional copyright clearance is required for use. This will be listed in restrictions information for each image. Whenever possible, we will assist you in contacting the artist, the artist’s estate or the appropriate clearance agency. Simply contact your account executive with the specifics of your usage. Please be aware that additional time is required to obtain copyright clearance.
Who Can I Contact for Fine Art Copyright Clearance?
We cannot advise you on where to seek clearance for a given artist’s work as this is determined by the location of the client/licensee and the nature of the artist and his/her relationship with national copyright agents, estates and foundations. Corbis Rights Clearance can facilitate a copyright approval on the client’s behalf for an additional fee. Contact your account executive for details.
Are There Any Additional Restrictions Related to Fine Art Images?
Any image restrictions will be listed in restrictions information for each image.
Why Do Some Images of Fine Art Require Pre-Approval?
Corbis represents both photographers and content providers (including museums). Certain content providers require pre-approval before Corbis can license any of their images. These content providers retain the right to determine whether or not an image can be licensed on a case by case basis. The term pre-approval refers to this process of requesting permission for usage from a content provider. This approval process generally takes 5–10 days. If an image requires pre-approval, it will be listed in the restrictions information. If you would like to license an image that requires pre-approval please contact your account executive. Your account executive will contact the content provider on your behalf to obtain the necessary approval.