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Rights and Reproductions


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Table of Contents

Preface Walter G. Lehmann and Anne M. Young Acknowledgements Anne M. Young Chapter One: Intellectual Property Kenneth D. Crews, Walter G. Lehmann, Melissa Levine, and Nancy Sims *What is Intellectual Property *Copyright *Trademark *Patent *Trade Secret *Personal Rights *Moral Rights *Copyright Infringement *Enforcement Mechanisms *Remedies *Traditional Knowledge and Cultural Expressions *Human Remains *International Intellectual Property Rights Chapter Two: Institutional Intellectual Property Policies John ffrench, Walter G. Lehmann, Melissa Levine, Michelle Gallagher Roberts, Nancy Sims, and Anne M. Young *Intellectual Property Policies *Ownership and the Development of IP Policies *Use Policies *Open Access Policies *Photography Policies *IP Audits Chapter Three: Rights Issues for the Collection Megan P. Bryant, Cherie C. Chen, John ffrench, Sofia Galarza Liu, Michelle Gallagher Roberts, Deborah Wythe, and Anne M. Young *Determining Copyright Status *Publication and Registration *Public Domain *Orphan Works *Identifying and Finding Rights Holders *Nonexclusive Licensing Agreements *Copyright Assignment *Commissioning Works *Underlying Rights *Architectural Photography *Privacy Rights and the Collection *Publicity Rights and the Collection *Recording and Sharing Rights Information *Additional Considerations Chapter Four: Institutional Uses Megan P. Bryant, Cherie C. Chen, John ffrench, Naomi Leibowitz, Sofia Galarza Liu, Michelle Gallagher Roberts, Nancy Sims, Deborah Wythe, and Anne M. Young *The Permissions Process: Rights Analysis *The Permissions Process: Requesting Rights *The Permissions Process: Contractual Limitations *The Permissions Process: Music *Fair Use *Sourcing Materials *Collective Image Resources *Stock Agencies *Attribution *Institutional Uses *Publications *Educational Materials *Traditional Marketing and Promotion Uses *Social Media *Retail and Commercial Products *Institutional Websites Chapter Five: Leveraging Content with Distribution Partners John ffrench, Melissa Levine, Nancy Sims, Deborah Wythe, and Anne M. Young *Considering Distribution Partners *Potential Distribution Partners (Nonrevenue Generating) *Potential Distribution Partners (Revenue Generating) *Revenue Generation and Open Access *Revenue Generation with Open and Public Domain Content Chapter Six: External Uses Megan P. Bryant, Cherie C. Chen, John ffrench, Melissa Levine, Sofia Galarza Liu, Michelle Gallagher Roberts, Nancy Sims, Deborah Wythe, and Anne M. Young *Access to Images and Reproductions of Collection Materials for External Uses *Information About the Request Process *Developing a Request Form *Reproduction Fees *Product Development and Royalties *Processing External Requests *Open Access for External Uses *Licensing and Location Shoots *Additional Photography Shoot Policies *Communicating About Copyright to the Public Chapter Seven: New Frontiers in Fair Use and Open Access John ffrench, Walter G. Lehmann, Deborah Wythe, and Anne M. Young *Putting Fair Use Into Action *Fair Use Codes, Guidelines, and Statements *Simplifying and Standardizing *Creative Commons *RightsStatements.org *Copyright Cortex *What Open Access Makes Possible Appendix A: International Treaties, Federal Legal Materials, and Court Decisions Appendix B: Document and Contract Templates Appendix C: References and Resources Glossary Bibliography Index

About the Author

Anne M. Young heads the rights and reproductions department at the Indianapolis Museum of Art at Newfields and was formerly the photographic archivist for the Kinsey Institute, Indiana University. She is currently a Master of Jurisprudence candidate at Indiana University's Robert H. McKinney School of Law focusing on Intellectual Property, art, and museum law. Young previously received an Master of Arts in photographic preservation and collections management from Ryerson University and a Bachelor of Arts in art history and studio art (photography) from Indiana University.


The second edition of Rights and Reproductions is expertly tailored to address the myriad of often tangled issues encountered by rights specialists working in the GLAM sector and will be an essential addition to the bookshelves of lawyers and non-lawyers alike, including students, artists, and art history scholars -- Andrea Wallace, lecturer in law, University of Exeter
If you want to maximize the reach and impact of your cultural works, or need to avoid breaking the law while dealing with works created by others, buy this book and read it. Young provides clear guidance on copyright compliance for creators and curators informed by high-level strategy, ethics, and institutional mission. An essential crash course and desk reference for artists, archivists, librarians, lawyers, board members and directors of cultural organizations and nonprofits. -- Lea Shaver, IU McKinney School of Law

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