RIGHTS TAB Rijksmuseum, March 2012

BackgroundThe Rijksmuseum’s collection includes more and more works from the 19th, 20th and 21st centuries that are covered by the Copyright Act. In order to show images of these works in museum material, permission from the right holders is required. As the Rijksmuseum does not want to act in contravention of the Copyright Act, all the works have recently been given a copyright indication in Adlib, the collection registration system.

TabWithin Adlib, a new tab entitled ‘Rights’ has been created. This tab shows the applicable rights per item, including the expiration dates of these rights. The field ‘Publication on the website’ is linked directly to the website. Based on the copyright and portrait right, it is indicated whether the work may be published with an image, without an image or not at all. The Rights tab is filled in by the Collection Information department.

Example

ADLIB GUIDE

Free of rightsDefinition Label indicating whether the work is free of rights. Explanation Works in the collection dating from the 19th, 20th and 21st centuries may be subject to

rights, such as copyright and/or portrait right. In those cases, permission from the right holder(s) will be required before the image may be displayed in Rijksmuseum material (e.g. on the website, in the image repository or in publications). • Copyright: A work is subject to copyright until 70 years after the death of its

maker(s). • Portrait right: Portraits are subject to portrait right until 10 years after the death of

the person(s) portrayed.

The work will be free of rights (Yes) if it is not subject to copyright and portrait right. If the work is subject to copyright and/or portrait right (No), the Rijksmuseum may have obtained permission for use in its material. This is explained in more detail in the field ‘Type of Right’. Based on the applicable rights, the field ‘Publication on the website’ is filled in.

Notation Select a term from the pull-down menu:

• Yes • No, without permission for use by Rijksmuseum • No, but with permission for use by Rijksmuseum

If the work is free of rights, the other fields in the Rights box are not completed.

The rights must be entered both in the master records and in the sub-records, because different rights may apply to the works or because the works may be displayed separately.

The Rights tab is filled in by the Collection Information department, based on the data provided. If you have any questions or comments, please contact Collectieinfo@rijksmuseum.nl.

Examples Yes No, without permission for use by Rijksmuseum No, but with permission for use by Rijksmuseum

Copyright indicationDefinition Line indicating the person or institution (other than the Rijksmuseum) that holds the

copyright.Explanation The identification of the right holder(s) to the work, which is shown when the image is

used at external level. This is a presentation field.The copyright indication may consist of the name(s) of the maker(s), the surviving relative(s) and/or a representative, possibly together with a year.

Notation Here you enter the name(s) of the right holder(s), without the copyright sign (©), followed (where applicable) by ‘/surviving relatives or representative’.

If arrangements were made about the copyright indication, use the notation specified in the contract. If there is no contract, try to find the copyright indication as used by the right holder(s) themselves or by other institutions.

Examples Hans van HelJannes Linders/commissioned by Atelier HSL/2008

Karel Appel FoundationLászló Moholy-Nagy Estate/Pictoright2006 Magnum/Hollandse HoogtePierre Daems/estate of Pierre Daems

Type of rightDefinition Indication of the type of right attached to the work.Explanation This field indicates the rights attached to the work.

Copyright: A work is subject to copyright until 70 years after the death of all its makers. If the copyright is held by an organisation, the period will be 70 years after the production date. The same applies with regard to anonymous makers.

Portrait right: The portrait right applies until 10 years after the death of the person(s) portrayed and will be recorded if this has been indicated by the person portrayed.

Notation • Select a term from the pull-down menu• The field group is repeatable, since the work may be subject to both copyright and

portrait right.Examples copyright

portrait right

Expiration dateDefinition The year in which the rights to the work expire.Explanation The copyright expires on January 1 following the 70-year period after the death of the

makers (i.e. after 71 years). The portrait right expires on January 1 following the 10-year period after the death of the person(s) portrayed (i.e. after 11 years). This period commences when the longest-living right holder/person portrayed dies.

If the maker is anonymous or if the rights are held by an organisation, the period will be 70 years after the production date. This field remains empty if the maker/person portrayed is still alive.

If both the copyright and the portrait right have expired, the ‘Free of rights’ field must be set to ‘Yes’. This is done as part of an annual manual search. See the section entitled ‘Copyright expiration date procedure’ for further details.

Please note: if you change the maker’s date of death, this will also have implications for the expiration date of the copyright.

Notation Here you enter the year in which the copyright and/or portrait right expires.Examples 2081

20772014

Rights owner/representativeDefinition The person or institution administering the rights to the work or representing the

interests.Explanation The administration of the rights may be conducted by the maker or person portrayed

themselves. Alternatively, it may have passed to the surviving relatives or have been transferred to a representative organisation (such as Pictoright).

For this reason, the name of the rights owner/representative need not always be the same as the name(s) of the maker(s).

Notation • Use a verified term from the list. • If the name you are looking for is not there, please contact

Collectieinfo@rijksmuseum.nl. See also the ‘Persons/Institutions guide’.• Leave this field empty if the right holder is unknown.• This field is part of a group of fields. This group is repeatable.

Examples Hell, Hans vanPictorightStichting Atelier HSLKarel Appel FoundationBerk, estate of Lambertus Hendrik van

Reference descriptionDefinition A brief description of the document relating to arrangements about the rights to the

work.Explanation Here you enter a brief description of the document relating to the arrangements about

the copyright and/or portrait right. In any case include the title of the document. If the document contains a legal date, include this date as well.

Create a link in the reference field to the external file.Notation • Enter the title of the document.

• The following date format is used: YYYY-MM-DD, YYYY-MM or YYYY.• Use the following notation: title or description, date, location and number.• This field is part of a group of fields. This group is repeatable.

Examples Copyright agreement J. Linders, 2008-06-11.Portrait right agreement H. van Hell, 2011-05-21.

Reference numberDefinition The reference number or the path name of the document relating to the arrangements

about the rights to the work.Explanation Here you enter the reference number under which the document can be found in

another system, or create a link to the external digital file by including the path reference. This reference is transferred automatically if you open the document by clicking on the ‘Find file’ button. Only use this field if the document is stored in a central, public location.

The document may be an acquisition contract or a separate agreement with regard to the copyright and/or portrait right.

Notation This field is part of a group of fields. This group is repeatable.Examples Projects$ on 'Amsterdam1-/portretrechtovereenkomst 10.3009

Archive: RM 2011.0028

Publication on the websiteDefinition Field indicating whether and how the record may be published on the website, in the

image repository and in Rijksmuseum publications.Explanation By selecting a term from the pull-down menu, you indicate whether the content and

image of this record may be displayed on the website, in the image repository and in Rijksmuseum publications. In principle, the Rijksmuseum tries to be as open as possible in making information and images available with regard to the collection. Select the option publication with image if both:• The basic registration is complete, and• The conditions of copyright and/or portrait right are fulfilled, or these rights have

expired. Select the option publication without image if both:• The basic registration is complete, and• The work is subject to copyright and/or portrait right, and there is no agreement. Select the option no publication if one of the following criteria applies:• The basic registration is incomplete,• The location is ‘unknown’ or ‘not applicable’,• The acquisition method is ‘on deposit’,• The work is no longer part of the collection, or the acquisition status is unknown,• Certain sensitivities have been defined which make publication undesirable. The field group ‘Rights’ contains all information about the copyright and portrait right that may be attached to the work.

Notation • Select a term from the pull-down menu.• The field ‘Publication on the website’ is filled in only by the Collection Information

department, based on the data provided. If you have any questions or comments, please contact Collectieinfo@rijksmuseum.nl.

Examples Publication with imagePublication without imageNo publication

Publication APIDefinition Field indicating that (data from) the record is made available to third parties via the

Rijksmuseum API.Explanation A selection of copyright free objects that is made available by the Rijksmuseum API.

Third parties get access to structured metadata and images in XML format. This metadata can be used for applications. This option should only be selected when the field 'Publish on the website' indicates ‘Publication with image’.

This field is filled in by the Collection Information department.Notation Select a term from the pull-down menu.Examples Publication API

Copyright expiration date procedureThe following operations must be carried out annually in the first week of January:

1. Via expert search system, search for expiration date = [the current year].

2. Check whether the expiration date is indeed 71 years after the maker’s death (or 11 years in the case of a portrait right).

3. Set the field ‘Free of rights’ to ‘Yes’.

4. Clear all the other fields in the Rights box.

5. Set the field ‘Publication on the website’ to ‘publication with image’ if the following conditions are fulfilled:

- The basic registration is complete.

- The location is not ‘unknown’ or ‘not applicable’.

- The acquisition method is not ‘on deposit’.

- The object is part of the collection and the acquisition status is known.

- No sensitivities have been defined which make publication undesirable.

For more information, please contact:

Inge GiesbersInformation Specialist / Collection Information DepartmentRijksmuseum AmsterdamE i.giesbers@rijksmuseum.nlT +31 (0)20 67 47 268