Denoyelle et al (2018)

Source Details

Denoyelle et al (2018)
Title:	Image rights, art history and society
Author(s):	Denoyelle, M., Durand, K., Daniel, J., Doulkaridou-Ramantani, E.
Year:	2018
Citation:	Denoyelle, M., Durand, K., Daniel, J. and Doulkaridou-Ramantani, E. (2018) Image rights, art history and society. Report presented to the Foundation de France <https://www.inha.fr/fr/recherche/le-departement-des-etudes-et-de-la-recherche/domaines-de-recherche/programmes-en-cours/images-usages.html> (accessed 7 January 2022)
Link(s):	Open Access
Key Related Studies:	Benabou and Farchy (2007) Gunthert et al (2007) Aufderheide and Jaszi (2014) Cras and Moreteau (2017)
Discipline:	O34: Intellectual Property and Intellectual Capital
Linked by:

About the Data
Data Description:	Data were obtained from an online survey, totalling 240 complete responses, and interviews with academics and students (undisclosed number) who use fine art images in their work.
Data Type:	Primary data
Secondary Data Sources:
Data Collection Methods:	Survey Research (quantitative; e.g. sales/income reporting) Survey Research (qualitative; e.g. consumer preferences) Semi-Structured Interview
Data Analysis Methods:	Descriptive statistics (counting; means reporting; cross-tabulation) Textual Content Analysis Qualitative Coding / Sorting (e.g. of interview data)
Industry(ies):	Creative, arts and entertainment Photographic activities Libraries, archives, museums and other cultural activities
Country(ies):	France
Cross Country Study?:	No
Comparative Study?:	No
Literature review?:	No
Government or policy study?:	No
Time Period(s) of Collection:
Funder(s):

Abstract

“A report on the systems regulating the circulation of images of works of art and their impact on scholarship, teaching and the visibility of French public collections.”

Main Results of the Study

• Access to digital surrogates of works of art is not equal. The study finds that experienced academics and professionals can more readily navigate permissions and access digital surrogates than early career scholars. Similarly, those working with e.g. public domain images can more readily make them available than works still in copyright, possibly creating a bias in what is being represented in scholarly research. Resultingly, 82% of academics surveyed had to alter their work because they were unable to illustrate their statements with reference to the appropriate image.
• GLAM workers find the legal framework regarding image reproductions unclear, opaque, and time and labour intensive. The study suggests a correlation between this restrictive legal framework, and the absence of French publications in the international art history market.

Policy Implications as Stated By Author

• Include a new copyright exception to permit the use of fine art images for scholarly teaching and research.
• Create a new policy on copyright claims over public domain works.
• Agree a clearer definition of ‘non-commercial use’.

Coverage of Study

Coverage of Fundamental Issues

Issue	Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

Coverage of Evidence Based Policies

Issue	Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

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