In some situations, people can use copyright material without the copyright owner’s permission, without infringing copyright. The most common of these situations is where the use of the material is a “fair dealing” for purposes of research or study, criticism or review, or reporting news.

However, even though visitors would not infringe copyright by using copyright material in these circumstances, they do not have a right to have access to the material. The collecting institution may decline to allow access to certain material, or restrict access, and may also limit the ways visitors are entitled to use material in the collection through contract.

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Museums and galleries are entitled to reproduce original artworks and original manuscripts in their collection to preserve them against loss or deterioration. They can also communicate a “preservation reproduction” of original artworks on computers on the premises, if the original work has been lost or deteriorated so much that it cannot be displayed without significant risk of further damage.

You may reproduce any work held in the collection for “administrative purposes”. Cataloguing or insurance purposes may be examples of “administrative purposes”.

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In some cases, galleries own copyright in works in their collections, and you need the relevant gallery’s permission to reproduce the work. In other cases, the copyright is owned by someone else, or has expired. In some cases, galleries charge an “access fee” to reproduce works in their collection, even if the gallery does not own copyright or the copyright has expired. If a gallery has requested a fee, you may need to check what the fee is for.

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The mere fact that a physical item is in your collection won’t mean that you own copyright in it.

In some cases, however, you may.

For example, if you received the item from the creator, he or she may also have assigned copyright to your organisation. (Note, however, that this is not generally recommended by organisations representing creators and that where such an assignment occurred prior to 1 May 1969, copyright reverts to the estate 25 years after the creator’s death.)

Also, the creator may have bequeathed copyright to your organisation (including as part of a bequest of a previously unpublished manuscript or similar “original” from the creator).

If in doubt, get advice.

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You are likely to need permission, unless:

• you own the copyright,

• the copyright has expired, or

• a special exception (such as the ones discussed above), applies.

You do not become the owner of copyright merely by buying the painting. To transfer ownership of copyright, there must be a document signed by the copyright owner.

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All of these uses involve a reproduction of the copyright work and generally require the permission of the copyright owner (unless copyright has expired).

If you are acquiring material for your collection directly from the copyright owner or his or her agent, consider getting clearances for uses of the material at that stage. If you get material from someone other than the copyright owner, try to get as much information as possible about the work, its creator and its copyright status, to make clearances easier.

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