If a picture is worth a thousand words, then it's a good bet that at least half of those words relate to the picture's copyright status. Art historians, artists, and anyone who wants to use the images of others will find themselves awash in byzantine legal terms, constantly evolving copyright law, varying interpretations by museums and estates, and despair over the complexity of the whole situation. Here, on a white—not a high—horse, Susan Bielstein offers her decades of experience as an editor working with illustrated books. In doing so, she unsnarls the threads of permissions that have ensnared scholars, critics, and artists for years.
Organized as a series of “takes” that range from short sidebars to extended discussions, Permissions, A Survival Guide explores intellectual property law as it pertains to visual imagery. How can you determine whether an artwork is copyrighted? How do you procure a high-quality reproduction of an image? What does “fair use” really mean? Is it ever legitimate to use the work of an artist without permission? Bielstein discusses the many uncertainties that plague writers who work with images in this highly visual age, and she does so based on her years navigating precisely these issues. As an editor who has hired a photographer to shoot an incredibly obscure work in the Italian mountains (a plan that backfired hilariously), who has tried to reason with artists' estates in languages she doesn't speak, and who has spent her time in the archival trenches, she offers a snappy and humane guide to this difficult terrain.
Filled with anecdotes, asides, and real courage, Permissions, A Survival Guide is a unique handbook that anyone working in the visual arts will find invaluable, if not indispensable.
I can't recommend this book highly enough to all non-fiction authors. Not only does it give sound, practical advice on how to acquire rights to reproduce images in printed works, and carefully tackles the difference between copyright permissions and "use" permissions, it also answers all those "what if" questions everyone attempting to find the right illustrations or photographs to accompany their text grapples with. What if I just sneak into a museum and take my own pictures? What if I just scan a picture of the picture I want from a book? What if I just use pictures from sites such as flickr? Why am I still being asked to pay for permission to reproduce something that was made 1000 years ago, surely the artist is dead?!
Do yourself a favor: put your manuscript aside for a few hours and read this book now. It's not only full of useful advice, it's also well-written and a delightful read. In fact, even non-authors would enjoy Permissions for its amusing anecdotes and stories drawn from Bielstein's experiences as an Executive Editor at the U. of Chicago Press. Moreover, it raises some very real questions as to the role museums are playing: isn't one of their objectives to make art more accessible to the world? Why then are they the institutions demanding reproduction fees that often prevent authors from being able to illustrate their scholarly and non-fiction works in ways that make reading more enjoyable and educational?
Bielstein asks for more reasoned consideration by those who set the fees, and has several good suggestions for how such fees, and/or application of "Fair Use" could help save what otherwise might turn into the death of published, illustrated art books.
[2015 update] Since I wrote this review seven years ago, I am delighted to announce that some world-class forward-looking institutions are doing just this--making their collections available online for whatever purpose whatsoever--whether for educational or even profit-making activities. ("What better publicity for us than someone putting one of our paintings on a T-Shirt?" asked the museum's director.) The Amsterdam Rijksmuseum is leading the way and hopefully other institutions will follow in their footsteps. I cannot praise them enough for taking this bold (and to me, obvious) step and use artefacts from their collection in my lectures to students, museum docents, and the general public with the most enthusiastic of endorsements and thanks. Visit their website and see for yourself.
I liked this book so much I almost bought up a dozen used copies just so I could hand them out to people, and that's despite taking issue with how she describes the state of the law in some places. It is short, conversational, funny, and provides an incredible behind the scenes view of how publishing books with images works at a university press. It's super readable, and Bielstein's done her readers a tremendous service in the way she uses her own book as a case study to document the costs and (sometimes dubious) credit line requirements involved in the publishing process. So eye-opening, but also now more than 15 years old. An updated edition dealing with digital publishing would be fantastic.
Permissions is a useful guide written by an author who knows her craft. (Her description of the multiple headaches she created for herself as she contracted for a photograph of an unknown Sicilian “masterpiece” is simply the most entertaining of her chapters.) Although the book is specially directed to authors preparing scholarly works about art, any writer who requires illustrations will profit (or if they’ve already been through the drill, perhaps wince) at the sound advice given here. Yet behind Bielstein’s banter and helpful suggestions, she makes a serious point, that material supposedly in the public domain is being steadily drawn back into private—and especially, corporate—hands.
Another one I read for work. I was scared it would be a long slog, but the author is brilliant! Equally witty and realistic, she’s definitely a go-to if you’re needing to understand more about permissions, fair use, and the public domain as they relate to publishing.
Bielstein is an executive editor for art publications at a university publishers and approaches the question permissions from the point of publishing images of works of art in academic books (scholarly works).
She starts by covering what copyright, and public domain is (which takes some explaining with American copyright law) and what the current state of play is in regards to obtaining permissions from copyright owners and those who own artworks which are now public domain.
The very small margins on most scholarly works and the very narrow field of interest mean that it is becoming more difficult to produce works with images as the cost of the fees associated with the images keeps rising and the owners of the images (even those in the public domain) are becoming ever more litigious about authors not obtaining what they assert as the correct permissions.
Bielstein illustrates all her arguments with examples and images – each image depicted (or not depicted in one case where permissions were refused) and lists how the image was obtained and what (if any) fees to the copyright owner or usage fees where handed over – a handy table at the end of the book summarises the overall costs on the imagery in this book – quite enlightening!
Her arguments, groans and rants are all very clear and seem like common sense to me. The last chapter is dedicated to ideas for making the system of permissions more manageable and Bielstein suggests a certain relaxation on the part of some copyright holders/artwork owners for academic purposes is a good thing and encourages more of the same.
Of course this is an American book, so mostly concentrates on the very odd American system of copyright and permissions, however other systems are covered (e.g. British) where is it is appropriate to do so.
I found this to be a very enjoyable and informative read. Bielstein knows her stuff, can communicate it and makes a good case for simplification of the system of copyright for her particular field. Although the discussion here is very carefully steered towards scholarly works requiring images of art work, it is not inconceivable that such ideas, suggestions, and problems cannot have a wider application.
A valuable, and fortunately also entertaining, guide to the generally painful and expensive process of clearing image rights for publication. Last year CAA came out with a statement on Fair Use, which I read before this book and provides something of an update on the problem, having surveyed and interviewed numerous people in the field. And yes, many of us have taken to working on topics that don't require many images, which is a curious turn for art historians to take. When publishers now expect us to clear rights not only for works by living or recently deceased artists but for anonymous photographs/advertisements from magazines defunct for 70 years, there is a decided lack of incentive to to discuss visual images in a way that requires the reader to actually look at them.
So, this is actually really interesting. The cost of doing business when writing art books is much, much higher than I thought - prohibitively so, really, which means that entire industry is in danger of disappearing. Call me crazy, but I don't think it should cost the author hundreds of dollars to print an image of a 400-year-old painting. Also, museums calling copyright on works that are actually in the public domain is ridiculous.
Recommended for: librarians, archivists, curators & other museum professionals. art historians and writers, too.
Bielstein does a great job of exporing copyright issues in the world of art publishing. Her writing style is conversational and she employs a fair amount of humor. My favorite part was her inclusion of captions for each photo in the book, along with how much she had to pay for the rights to display it on the page. At the end she gives a summary of her total copyrights and fees cost, and it's a pretty astounding number.
Required reading for school but interesting information which was sprinkeled throughout with very funny & sometimes absourd stories of how people or property owners dealt with copyright issues in the art world.
My criteria for giving this 4 stars were quite a bit different than for my normal fiction fare. I read this in preparation for a talk I'm giving at work on art and copyright. For the subject matter, it was extremely readable as well as informative.
Bielstein gets five stars from me for writing clearly about copyright. Usually, just seeing these letters in this order: c-o-p-y-r-i-g-h-t is enough to give me a headache. Bielstein not only prevents the headache, but generates understanding. My intellectual hat is off to her!
Brilliant, witty and informative. Oddly enough, for such a dull subject (that I had to learn more about for professional reasons), this was a great read!