RKD Netherland Institute for art History
The RKD strives to facilitate the supply of reproductions of material from its collections to the best of its abilities as far as the status of the material to be scanned permits this.
When a work of art is part of a public collection such as a museum, scans are to be ordered directly from the organisation in question by you personally at all times, unless the RKD possesses an image which shows the artwork in a state preceding the time at which it was part of the collection concerned. An exception can also be made when the public collection involved is unable to provide a scan.
If an artwork has been offered on the art market or at auction in the past 5 to 7 years, you should initially direct orders for scans at the art dealer or auction house involved. If an artwork was offered at an art dealer or auction house longer than 5 to 7 years ago, or if its current whereabouts are unknown, reproduction scans can be ordered from the RKD.
Orders for images of works from private collections are assessed individually by the RKD. The RKD does not disclose addresses of private owners. If possible, the RKD may try contacting the owner with regard to an order.
Images of artworks of which the creator is still living or has died no longer than 70 years ago cannot be reproduced without permission of the artist or his/her heirs/legal representatives. In cases where this applies you are to contact either the artist personally or his or her heirs/legal representatives, or Pictoright, which represents the rights of a great number of artists. The RKD does not mediate.
With photographs of three dimensional artworks or photos which depict a three dimensional image as well as with photographs that are intended as works of art, reproduction is not allowed without permission of the photographer or his/her heirs/legal representatives. With regard to photographs you should also take into account that copyright law applies until 70 years after the photographer has died. For addresses of photographers and photography agencies you can contact Stichting Burafo.
For portraits which were commissioned, permission for the first publication is required from the person portrayed or his/her heirs for a period of 10 years after his/her death. If more than one person is included in a portrait, permission of all those portrayed is required. If the portrait was not commissioned, there has to be a reasonable interest which prevents the portrait from being made public. The right to first publication of the person portrayed ceases when the portrait has previously been legally brought onto the market, for example, if it has already been legally published on the website of an organisation. The creator of a portrait has the right of publicity of that portrait. Images of a portrait of which the artist is still alive or died no more than 70 years ago, cannot be reproduced without his/her permission. The RKD does not mediate.
In cases where this applies you are to personally contact either the artist or his or her heirs/legal representatives, or Pictoright, which represents the rights of a great number of artists.
With regard to archives, copyright is valid for a period of 70 years after the death of the author. After the author’s death copyright passes to the author’s heirs or legal representatives, if it has not previously been passed to another party. To archives of which the author is unknown a protection period applies of 70 years after publication of the archive in question. If an anonymous archive has not been made public, then a period of 70 years after realization of the archive will be assumed. Archives which were published posthumously but prior to 1995 shall only enter the public domain after 70 years. If copyright applies, images or quotations from archives cannot be reproduced without permission of the authors of the archive(s) in question or his/her heirs/legal representatives. In cases where this applies you are to personally contact the person or persons involved.
In cases where archives mention persons still living who can be connected with identifiable others, it should be noted that the legal position of the former is governed by the (Implementation law) General Data Protection Regulation (GDPR).
Copyright applies to texts until 70 years after the death of the author. In the case of a text being published editorially – so without naming the author – this is 70 years after publication. Some publications may have several copyright claims attached to them, for example, in the case of a magazine in which numerous authors have works published. In connection with the varying ages of the individual authors, different articles in one and the same magazine may have varying protection periods.
In all cases where material is being reproduced and made public of which the rights do not rest with the RKD foundation, and the rights of third parties have not expired, the user is obliged to ensure permission of the relevant artist, author, photographer and/or publisher of the book, catalogue, magazine or archive. User indemnifies the RKD foundation against the consequences of any claims which could result from non-compliance with this obligation.More information on copyright can be found on: www.auteursrecht.nl/auteursrechtwijzer.Website of the Foundation for Copyright Interests – website in Dutch only.