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- ARS Agreement
AMICO has extended our agreement with the Artists Rights Society to
include rights to worldwide distribution of The AMICO Library beginning
with the 2001 Edition. This new agreement also extends additional
rights to members. The provisions are summarized below:
1.1 AMICO members may contribute any number of
works whose copyright is represented by ARS to The AMICO Library
without prior rights clearance
- Follow the instructions on the AMICO Members Web Site at
http://members.amico.org/comm/rights/ars.html
- Identify works IN COPYRIGHT for which you wish AMICO
to clear rights with ARS by including the following in the catalog
record submission:
- Object Rights Statement (ORS) Artists Rights Society, New
York (this may be replaced by the full artist/estate copyright
if known)
- Object Rights Link (ORL) http://www.arsny.com
- Only include works in copyright - not those in the public
domain.
- This data must be in your final data submission - DUE March
15, 2002.
- There is no resolution limit on the images submitted to
The AMICO Library.
1.2 AMICO Reports to ARS
- Based on the information provided by members, AMICO provides
ARS with a list of works
1.3 AMICO Pays a Royalty to ARS
- AMICO pays ARS a royalty to ARS based on the number of works
contributed to The AMICO Library.
- Identifying ARS works in your preliminary list of contributions
(due October 1) is VERY important to AMICO as it assists in
our planning and helps in our negotiation.
1.4 ARS provides AMICO with Copyright Statements
- Based on the list supplied by AMICO, ARS provides copyright
statements for inclusion in The AMICO Library.
- These are entered by AMICO into the Object Rights Statement
(ORS) field of the Catalog Record, and replace the statement
provided by members above.
1.5 In addition to the use of high-resolution digital reproductions
in The AMICO Library, US-Based AMICO Members may use ARS-represented
works they have ALREADY CONTRIBUTED to The AMICO Library on their
public web site, provided:
- Maximum resolution is 800 x 600 pixels and 96 dpi
- Works may not be featured on the home page (without further
permission from ARS)
- Works may not be used as a 'clickable icon'. This was discussed
at the meeting: The concern is that a particular work, or part
thereof, not be featured as part of a site's navigational elements
without further permissions from ARS. AMICO's understanding
(to be clarified with ARS) is that thumbnails of an entire work
in a list of works that when clicked link to a larger view of
that work are OK.
Members MUST report Web Site use to AMICO using the form linked
to the Members web site.
Members MUST use the copyright statement provided by ARS for the
work.
Linking to the ARS web site from the work is suggested but not required.
Some restrictions apply to public web site use - see Schedule A distributed
at the meeting and linked to http://members.amico.org/comm/rights/ars.html
Unfortunately, ARS was not able to grant AMICO with rights for Canadian
Members to use works on their Web Sites. We will be coordinating the
best way to seek these rights with our Canadian Members.
ACTION:
- AMICO staff to update Rights Committee Web page
with full instructions and electronic version of list of artists.
- Rights Committee Members to liaise with those who produce AMICO
Export to ensure that the Rights Statements are correct (both
for this and all other purposes).
- Worldwide Distribution
Members are reminded that now that we are going
to have subscribers beyond North America, they should check their
permissions, and make sure that they have appropriate rights.
ACTION:
- Members check permissions. Request extension
of granted rights if required.
- VAGA Update
AMICO and VAGA have discussed the possibility of
an agreement between VAGA and AMICO (along similar lines to that
of the ARS agreement). Right now we are stalled on expectations
of remuneration.
This past year, at the Walker Art Center worked with the Dedalus
Foundation and VAGA to include works of Robert Motherwell in The
AMICO Library. AMICO has created a special page to be the 'VAGA
rights link' as VAGA does not have a web page. This is at http://www.amico.org/rights/vaga.html
No members reported clearing rights individually with VAGA for AMICO
Library uses.
ACTION:
- · Members are encouraged to facilitate an agreement
with VAGA wherever possible, and not to negotiate independently
with VAGA for rights to use works in The AMICO Library.
- Umbrella AMICO Rights for Individual Artists
Members reviewed the model request letter drafted
at the last members meeting, and suggested minor changes. The value
of coordinating requests of individual artists was reaffirmed.
ACTION:
- AMICO to make minor changes to the text in the model letter (removing
references to North American Members, and deleting reference to
cropping and overprinting).
- AMICO to review Artists FAQ to see if any changes needed.
- Each member to identify [one] artist or estate they are willing
to approach on behalf of all AMICO Members.
- Rights Request Form Implementation
Peter Walsh, Chair of the College
Art Association (CAA) Intellectual Property Committee joined the
group for this discussion.
Both the CAA Committee and AMICO's Rights Committee have produced
model forms for requesting rights. The CAA form is available at
http://www.pipeline.com/~rabaron/CIP/CAAdoc2.htm,
AMICO's form is at http://members.amico.org/comm/rights/RequestForm.html
After a discussion of the particular needs of scholarly publishing
the group agreed that most museums have a sliding scale that respects
the different motivations of non-profit and for-profit uses of reproductions.
The group felt it was important for Art Historians to know that
they were not 'gouging' the profession, and that fees where charged
were most often based on an attempt to recover some costs in the
production of photographic materials.
It was suggested that further information exchange and education
would be appropriate to facilitate an increased understanding between
these two groups. The possibility of an Affiliated Society session
at CAA that explored issues in the reproduction of works of art
was discussed and will be explored further.
ACTION:
- Committee Members to review final draft of AMICO
form, and recommend implementation (on thumbnail catalog and possibly
in i4i interface).
- Committee members to review CAA form and offer comments to list.
- AMICO staff to explore possibility of CAA session (volunteers
to speak are requested!).
- Video Art (Joint with Editorial)
Issues of documenting Video and Web art were discussed. Rights issues
became much clearer when it was realized that the 'work itself' would
not be in The AMICO Library, just like the Painting or Sculpture is
not in The AMICO Library. Rather, screen shots, or clips will illustrate
the work. The form of representation will be left to each individual
institution. The Related Works Group (RMG) can be used to link to
Web-accessible works of art.
ACTION:
- Members are encouraged to include documentation
of new media in their AMICO Library contribution. Please feel
free to contact AMICO for clarification if needed on how to use
particular fields.
- Committee Chair
The committee expressed its wish to be chaired by
Martha King, of the National Gallery of Canada.
ACTION:
- AMICO Staff to confirm new
Chairman; Committee Members to encourage Martha to take this on!

Last modified on
October 10, 2001
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