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Categories for the Description of Works of Art


22. Copyright/Restrictions


DEFINITION

An identification of the individual or group that holds the rights to use, exhibit, or reproduce a work, along with an indication of any existing restrictions on its reproduction, exhibition, or use.

SUBCATEGORIES

GENERAL DISCUSSION

This category refers to the copyright of the work. Copyright is a broad concept that includes both "moral rights assigned to the author and his successors to prevent the distortion of his work and to assure that he is identified as the author of the work,"[1] and " 'a bundle of rights,' including the right to copy, the right to distribute, the right to display or perform, and the right to create derivative works."[2] These rights may be held by a work's creator, its owner, a repository, or by a third party to whom the creator or owner assigned the rights.

Note: This category refers to copyright of the work itself, not to the copyright for photographs or other images of the work, which is a separate issue regarding the rights of the owner or creator of the photograph.

Copyright and other restrictions for a work can be complex, and can relate to all aspects of the work's display and reproduction. Copyright arises automatically once an original effort has been started and some aspect of it has been fixed in a tangible medium (including media on a computer); a work is copyrighted whether or not it is actually registered with the Copyright Office or displayed with a copyright statement. Copyright is affected by various issues, including Fair Use, which has to do with the partial or limited reproduction of another's work that is permitted under the fair use doctrine; this doctrine may allow use that advances public interests such as education or scholarship. Another important issue is that expressions, not ideas, are protected by copyright; however, the idea may be protected by trade secret or patent laws. Although copyright laws vary from country to country, generally the duration of copyright for the work itself is 70-75 years after the death of the artist. Note that copyright term extensions may be in place. Copyright is a personal property right, in the United States subject to the various state laws and regulations that govern the ownership, inheritance, or transfer of personal property, in addition to terms that govern contracts.

The copyright of a work of art or architecture may be held by a third party, who is neither the creator nor the owner of the work itself. This is particularly true with contemporary works of art, where the copyright may have been sold to an agency. There are also artists' collectives, such as CAR (Canadian Artists' Representation/Front des artistes canadiens), that administer copyright and broker permissions to reproduce works of art. When a work is created as part of the artist's employment, the employer probably owns the copyright.

Note that repositories and other owners of works who are not the creators may have rights governing the reproduction or other uses of the work under various laws, including copyright, trademark, contract, or privacy and publicity law.

Researchers are interested in copyright and restrictions information because they often need to know if a work is in the public domain or who must be solicited for permission before a work may be reproduced.

RELATED CATEGORIES and ACCESS

Record the copyright of a photograph or other image of the work in the RELATED VISUAL DOCUMENTATION categories. When the rights holder is the owner of the work or the person or institution that has or had physical custody of it, their names should also be recorded in CURRENT LOCATION and OWNERSHIP/COLLECTING HISTORY. Copyright and restrictions are associated with people and organizations, but often access to information about the dates of copyrights and restrictions is also important to the researcher.

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22.1. Copyright Statement

DEFINITION

A formal statement of the copyright of a work, and/or any restrictions placed on it.

EXAMPLES


- Copyright © 1981 The Ansel Adams Publishing Rights Trust
- Copyright © 1957 Richard Avedon Inc. All rights reserved.
- © 1981 Arizona Board of Regents, Center for Creative Photography
- © 1995 The Metropolitan Museum of Art. All rights reserved
- Restricted Loans List


DISCUSSION and GUIDELINES

Optional: Record the copyright statement or restrictions information for the work in an accessible, concise, and easily understandable form.

Form and syntax
Transcribe the statement verbatim as expressed by the copyright holder, using syntax, capitalization, and punctuation as indicated in the original statement.

Alternatively, if you are composing a new statement, the following syntax is recommended: The word "copyright" (optional) followed by the copyright symbol (a "c" in a circle, ©), the first year when the work was covered by copyright, and the name of the copyright holder (e.g., © 2003 Marcus M. Moroniani. All rights reserved). If the year of first copyright is not known, it may be omitted from the statement (e.g., Copyright © Chuck Close).

TERMINOLOGY/FORMAT

Free-text: This is not a controlled field; however, consistent format and syntax is recommended within each repository. If you are transcribing statements from other institutions, copyright statements should be transcribed verbatim. Index the personal and corporate names and dates in the categories discussed below.

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22.2. Copyright Holder Name

DEFINITION

The name of the individual or group that holds the copyright to the work.

EXAMPLES


Life Magazine
Warhol Foundation
Sternfeld, Joel
Close, Chuck
Museum of Modern Art
Soprintendenza per i Beni Artistici e Storici di Modena e Reggio Emilia


DISCUSSION and GUIDELINES

Optional: Record the name of the individual or corporate body that holds the copyright or is in control of other restrictions for the work.

Form and syntax
Ideally, this should be a link to the PERSON/CORPORATE BODY AUTHORITY, where a full record containing the person's or corporate body's variant names and biographical information will be stored and available for retrieval.See the PERSON/CORPORATE BODY AUTHORITY for guidelines in constructing personal and corporate names.

TERMINOLOGY/FORMAT

Authority: Control this subcategory with the PERSON/CORPORATE BODY AUTHORITY, which can be populated from the controlled vocabularies named below. An authority with hierarchical structure, cross referencing, and synonymous names is recommended.

Published sources of vocabulary and biographical information include the following: LC Name Authorities, ULAN, Canadiana_Authorities, and Yale British Artists. For names not found in these sources, consult the PERSON/CORPORATE BODY AUTHORITY or the AACR for general guidelines regarding the formatting of names.

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22.3. Copyright Place

DEFINITION

The place where the individual or group that holds the copyright or placed the restrictions on a work resides or is active.

EXAMPLES


New York (New York, USA)
London (England, United Kingdom)
Toronto (Ontario, Canada)
Tokyo (Kanto region, Japan)
Berlin (Germany)
511 Warburton Avenue (Yonkers, New York, New York, USA)


DISCUSSION and GUIDELINES

Optional: Record the name of the place that is the residence or location of the copyright holder or other person or corporate body in control of restrictions. The location may be unknown or uncertain; it may be known at various levels of specificity.

Form and syntax
For guidelines regarding the syntax and format of place names, see the CURRENT LOCATION category and the PLACE/LOCATION AUTHORITY.

Note that an individual person may have more than one residence, and corporate bodies may have multiple places of business. In such cases, record either the holder's principal residence or a corporate body's head office, or index all possible locations where the work may have been located while under the care of this rights holder.

While it is not always possible to establish specifically where a work was held, location should be recorded as precisely as possible. Places could be identified as specifically as the name of a particular building or street address.

TERMINOLOGY/FORMAT

Authority: Control this subcategory with the PLACE/LOCATION AUTHORITY, which can be populated with terminology from the controlled vocabularies named below. An authority with hierarchical structure, cross referencing, and synonymous names is recommended.

Populate the PLACE/LOCATION AUTHORITY with names from the following published sources, and others as necessary: TGN, NGA (NIMA) and USGS, Canadiana_Authorities, LC Name Authorities and LCSH.

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22.4. Copyright Date

DEFINITION

The date or range of dates when the copyright to a work is held by a particular individual or group.

EXAMPLES


1950
1918-1968
1993
until 1 January 2030
unknown


DISCUSSION and GUIDELINES

Optional: Record a year, a span of years, or a phrase that describes the specific or approximate dates associated with the copyright of the work. Include nuance and expressions of uncertainty, as necessary.

Form and syntax
Follow rules for display dates in CREATION - CREATION DATE.

Dates should be recorded as specifically as possible. In some cases, only approximate dates may be known. If a work was once in copyright but is now in the public domain, record a range of dates for the period that it was protected by copyright. If the period of time is unknown, indicate this through expressions of uncertainty (e.g., probably) or by using the term unknown; however, index EARLIEST and LATEST DATES with an estimated span of dates in any case.

TERMINOLOGY/FORMAT

Free-text: This is not a controlled field. Maintain consistent capitalization, punctuation, and syntax where possible. Index the dates in the controlled EARLIEST and LATEST DATE subcategories.

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22.4.1. Earliest Date

DEFINITION

The earliest possible date when the copyright was held by a particular individual or group.

EXAMPLES


1918
1984
1971-01-01


DISCUSSION and GUIDELINES

Optional: Record the earliest year when the copyright or other restriction was in effect, as indicated in the COPYRIGHT/RESTRICTIONS - DATE.

Form and syntax
Always record years in the proleptic Gregorian calendar in the indexing dates fields. When recording the day and month, use the following syntax: YYYY-MM-DD (year, month, day, separated by dashes), if possible. (The standards suggest alternate possibilities: you may use an alternative syntax if you are consistent and it is compliant with the standards.) It is optional to record EARLIEST DATE; however, if you record a value here, you must also record LATEST DATE. For additional rules, see CREATION - CREATION DATE - EARLIEST DATE.

TERMINOLOGY/FORMAT

Controlled format: Date information must be formatted consistently to allow retrieval. Local rules should be in place. Suggested formats are available in the ISO Standard and W3 XML Schema Part 2.


ISO 8601:2004 Representation of dates and times. International Organization for Standardization. Data Elements and Interchange Formats. Information Interchange. Representation of Dates and Times. Geneva, Switzerland: International Organization for Standardization, 2004.

XML Schema Part 2: Datatypes, 2001. www.w3.org/TR/xmlschema-2/.


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22.4.2. Latest Date

DEFINITION

The earliest possible date when the copyright was held by a particular individual or group.

EXAMPLES


1968
2084
2030-01-01


DISCUSSION and GUIDELINES

Optional: Record the latest year when the copyright or other restriction was in effect, as indicated in the COPYRIGHT/RESTRICTIONS - DATE.

Form and syntax
Always record years in the proleptic Gregorian calendar in the indexing dates fields. When recording the day and month, use the following syntax: YYYY-MM-DD (year, month, day, separated by dashes), if possible. (The standards suggest alternate possibilities: you may use an alternative syntax if you are consistent and it is compliant with the standards.) It is optional to record LATEST DATE; however, if you record a value here, you must also record EARLIEST DATE. For additional rules, see CREATION - CREATION DATE - LATEST DATE.

TERMINOLOGY/FORMAT

Controlled format: Date information must be formatted consistently to allow retrieval. Local rules should be in place. Suggested formats are available in the ISO Standard and W3 XML Schema Part 2.


ISO 8601:2004 Representation of dates and times. International Organization for Standardization. Data Elements and Interchange Formats. Information Interchange. Representation of Dates and Times. Geneva, Switzerland: International Organization for Standardization, 2004.

XML Schema Part 2: Datatypes, 2001. www.w3.org/TR/xmlschema-2/.


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22.5. Remarks

DEFINITION

Additional notes or comments pertinent to information in this category.

DISCUSSION and GUIDELINES

Optional: Record a note containing additional information related to this category. Use consistent syntax and format. For rules regarding writing notes, see DESCRIPTIVE NOTE.

FORMAT/TERMINOLOGY

Free-text: This is not a controlled field. Use consistent syntax and format.

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22.6. Citations

DEFINITION

A reference to a bibliographic source, unpublished document, or individual opinion that provides the basis for the information recorded in this category.

DISCUSSION and GUIDELINES

Optional: Record the source used for information in this category. For a full set of rules for CITATIONS, see RELATED TEXTUAL REFERENCES - CITATIONS.

TERMINOLOGY/FORMAT

Authority: Ideally, this information is controlled by citations in the citations authority; see RELATED TEXTUAL REFERENCES.

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22.6.1. Page

DEFINITION

Page number, volume, date accessed for Web sites, and any other information indicating where in the source the information was found.

DISCUSSION and GUIDELINES

Optional: For a full set of rules for PAGE, see RELATED TEXTUAL REFERENCES - CITATIONS - PAGE.

FORMAT/TERMINOLOGY

Free-text: This is not a controlled field. Use consistent syntax and format.

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EXAMPLES

Copyright statement: Copyright ©1998 Kate Rothko Prizel and Christopher Rothko

[including indexing fields] [3]
Copyright statement: Copyright ©1975 Jerome Bushyhead. All rights reserved.
Holder Name: Bushyhead, Jerome Place: El Reno (Oklahoma, USA)
Date: from 1970 Earliest: 1970 Latest: 2070
Holder Name: Bushyhead, Mari Place: El Reno (Oklahoma, USA)
Date: business manager, heir from 2000 Earliest: 2000 Latest: 2070

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NOTE: The outline numbers are subject to change; they are intended only to organize this document.

Revised 8 September 2008