Art Law, Co-Sponsored by Intellectual Property

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Session Type: Section Programs

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This panel will explore “permissions culture,” broadly defined as a set of assumptions about obtaining permission for the use of images, regardless of copyright requirements. Critics contend that the gatekeepers of permissions culture, including museums, are harming free expression, particularly because users are unschooled in the doctrine of fair use and are risk-averse. Others see museums and other cultural institutions as constrained by the same legal uncertainty over image rights. Is permissions culture a consequence of an author-centered economy, exemplified by artists’ moral rights? How do collective interests in indigenous cultures intersect with the current landscape of permissions and rights?