Using Images

Open Access/Works and Images without Restrictions

A work of art is considered to be in the public domain if it is free of intellectual property restrictions. The vast majority of works in the Center’s collections fall within this category.

As part of Yale University’s commitment to Open Access, if a work in the Center’s collection is believed to be in the public domain and free of other restrictions, the Center further dedicates its own photography of that work to the public domain to the fullest extent possible via the Creative Commons Zero (CC0) tool. Both non-commercial and commercial use of these images, including reproduction, is permitted without further application, authorization, or any fees due to the Center.

Works and Images with Restrictions

Not every work of art in the Center’s collection is in the public domain, nor is every photograph on the Center’s site free of restrictions. At this time, only the Center’s own photography of works in its collection in the public domain is made freely available.

In general, the copyright status of the underlying work(s) of art determines the availability of the Center’s photographic images to the public. However, copyright in the underlying work(s) of art is not the only factor considered in making images available. Works and photographs of works may have elements protected under rights of publicity or privacy, or have other restrictions imposed by contract or policy. In addition, other parties may reserve rights in photographic images not produced under the auspices of the Center.

The Center also reserves rights to photographic images of its architecture, installations, events, employees, and guests created or commissioned by Center staff. Further approval may be required for access to and/or use of these types of images.

Copyright of Works of Art

Copyright in a work of art is separate from any rights in the photograph depicting the work, and may be held by individuals or entities other than the Center. For example, copyright in a work of art may be held or managed by the artist or the artist’s heirs or representative(s), and not the Center.

The Center respects the intellectual property rights of others, and will safeguard works and images of works in its collection that are known to be under copyright, to have content protected under rights of publicity or privacy, or to have other restrictions imposed by contract or policy.

Works of art protected by copyright are shown at thumbnail size under fair use, unless the Center has obtained explicit permission to make larger images available. The Center may make images of works protected by copyright available online as a service to the public and the scholarly community only so far as the wishes of the copyright holders allow. Permission from the rights holder is required for use of such images.

The Center will provide, upon request, any information it may have about copyright or other rights holders, provided this information is publicly available or we have permission to do so.

Credit/Citation

The Center provides all the information necessary for the proper citation of works in its collection according to accepted standards. This information is available in both the online record and in a text file which downloads automatically with the image.  We encourage you to identify and credit works using the information in our online collection records, including the Credit Line, so that others may find and use our resources.

Apart from crediting works and their images to the Yale Center for British Art, you may not suggest or imply the Center’s endorsement, nor use the Center or University’s trademarks without permission.

If a work or a photographic image of a work is still protected by copyright, you must cite copyright information and comply with all other terms or restrictions that may be applicable to that material. 

Images from Other Sources

The Center can neither grant nor deny permission to use photographic images of works in its collections that have been supplied by a third party or taken from another published source (for instance, scanned from a book or downloaded from another website). While use of these images may be possible under “fair use” or “fair dealing” provisions in the copyright laws of some jurisdictions, the Center is unable to assist in making this determination. In addition, we are unable to vouch for the accuracy or quality of images obtained from other sources.

Availability

Availability of photographic images on this site does not give or imply an authorization to publish them. The Center makes every effort to accurately determine the status of all works and their images, but makes no warrantees. As an end user, you are solely responsible for your download and any subsequent use of any images on the site. It is your responsibility to investigate any owner(s) of rights, and to obtain any permission or clearances that may be required.

If you have any questions regarding the rights status of a work of art or images on the Center’s website, or any information on the rights status of a work contrary or in addition to the information in our records, please contact the Imaging Services Department (ycba.imaging@yale.edu).