The Conditions for Providing Photo Material of Artworks in the Collections of the National Gallery in Prague
Providing Photographs of Artworks
The National Gallery in Prague provides services that include making black-and-white photographs and digital photographs of artworks in its Collections and artworks on long-term loan to the National Gallery in Prague (hereinafter only as “photo material/s”) for the purpose of study, publication etc. Photo materials are provided exclusively in formats listed in the Price List below.
Photo materials will be provided based on an applicant’s written request sent to the address hereunder:
Národní galerie v Praze
Sekce odborných činností / Department for Special Actitvies
Staroměstské náměstí 12
110 15 Praha 1
or to the email addresses: firstname.lastname@example.org (for applicants from the Czech Republic) or email@example.com (for applicants from abroad).
In order to identify a work of art in the collections of the National Gallery in Prague (hereinafter only as the “National Gallery”), applicants may consult the Researcher’s Guidelines of the National Gallery in Prague. To search for a particular cultural object, the applicant can also check the National Gallery’s “Catalogue of Collections” available on its Web page www.ngprague.cz , which, however, has not contain all of the National Gallery’s artworks yet, because the National Gallery is still in the process of digitizing its art collections.
Note: Should photo materials be requested in connection with a loan of an artwork (see “Conditions for the International Loans from the National Gallery in Prague”), it suffices to state this requirement in the loan request which shall include information stated in Points 1. to 4. as follows:
A written request for photo materials shall include the following information:
- Applicant’s identification information(in the case of a legal entity, its name, address, company ID number and the designation of its statutory body; in the case of a private person, his/her permanent address)
- The purpose for which the photo material will be used (study, publishing or other type of use); if the material is to be used for a printed publication, the request should state the name of the author, the publication’s title, publisher, publication date, language version, print run and expected selling price
- Identification of the requested cultural object, for which the photo material is to be supplied
- Required type of photo material.
- Photo material is provided only for its “production cost” (see Price List), especially for study, scientific, research, educational, review and critique purposes. Should the photo material be intended for print in a scientific publication or textbook, the National Gallery will request an adequate number of copies for its library; in the case of a diploma thesis, this thesis will be required in printed or digital form. In all other instances, photo material is provided for a fee that is the summation of its production cost and a fee for the administration and maintenance of art objects. The fee for the administration and maintenance of art objects is either of a “non-commercial” or “commercial” nature (the latter in cases where the photo material is intended to be utilized for reasons of financial or other economic profit, for example, the production of postcards or calendars). The decision as to whether or not the use is of a “commercial” or “non-commercial” nature is in the competence of the Registrar´s Office and Methodological Centre of the National Gallery (hereinafter only as “Registrar´s Office”) based on the assessment of the submitted request. Where “commercial” use is concerned, in some justified instances the fee can be contractually increased through individual calculation. Exceptions from the prices stipulated in the Price List are granted by the National Gallery’s General Director, or a Gallery employee thus entrusted by the General Director.
- Should the applicant subsequently wish to utilize the supplied photo material for other than study, scientific, research, educational, review and critique purposes, the applicant will be obliged to file a request with the National Gallery requiring its use for other purposes. Should this request be granted, the applicant will be obliged to cover the additional costs for these other purposes, according to the Price List.
- Should the request concern an artwork that is on loan to the National Gallery, the Gallery can provide the relevant photo material only with the consent of the owner of the work.
- Should the request concern an artwork to which the National Gallery has no copyright for the use of the work in compliance with Copyright Law, the Gallery can provide the relevant photo material only with the consent of the copyright holder, or on the basis of the applicant’s sworn affidavit stating that the applicant is licenced by the respective copyright holder.
How to proceed in filing a request:
- If a request is incomplete, the Registrar´s Office will call upon the applicant to fill in the missing information within five working days at the latest.
- Should the need arise to request a license to use the artwork in accordance with Copyright Law, the Registrar´s Office will inform the applicant at the latest within five days from receiving the request, confirming that the Registrar´s Office can supply the photo material provided the applicant arranges to receive a license for the use of the artwork from the copyright holder. The Registrar´s Office will provide the applicant with the address of the copyright holder provided they have the consent of the respective copyright holder to mediate this information to a third party. In certain justified instances, such as the supply of photo materials for an exhibition organized by the applicant in collaboration with the National Gallery, the Registrar´s Office is authorized, upon an agreement with the applicant and on behalf of the applicant, to request the copyright holder to grant a license for the use of the artist’s work, provided they have information about the copyright holder´s address; in such a case, the Registrar Office will duly inform the applicant about this procedure within five days from receiving the applicant’s request.
- Should the work of art for which the photo material is requested be on long-term loan to the National Gallery, and the lender of the work had stipulated in the loan agreement between the lender and the National Gallery that photo materials cannot be provided to a third party, the Registrar´s Office will inform the applicant within five days from receiving the applicant’s request that the processing of the request will be extended by the time necessary to acquire the consent of the lender of the work. Should the lender of the work be a legal entity or a private person, whose art collection is listed in the Central Collections Catalogue (“CES”) of the Ministry of Culture of the Czech Republic, or a lender of a work who has requested that his/her name be mentioned with the work loaned to the National Gallery, the Registstrar´s Office will inform the applicant whom to address with a request to permit the National Gallery to provide the applicant with the photo material of the work on loan to the National Gallery. In all other cases, such a permit from lenders is attended to by the Registrar´s Office itself and the Registrar´s Office will inform the applicant about this procedure within five days from receiving the applicant’s request.
- Requests that the Registrar´s Office will not process are as follows:
- The applicant has not completed the requested missing data in the request,
- The copyright holder has not granted a license for the use of the work in accordance with Copyright Law,
- The lender of the work on a long-term loan to the National Gallery has not consented to providing the photo material,
- The National Gallery’s relevant Collections have not consented to provide the photo material.
Should the applicant fail to respond to the Registrar’s written appeal to complete the request, the Registrar´s Office will no longer attend to it. In all other cases, the Registrar´s Office will inform the applicant that the request cannot be complied with within five work days from the day the Register has received a statement from the copyright holder refusing to grant a license for the use of the work in accordance with Copyright Law, or from the lender of the work or the National Gallery’s relevant Collection refusing to provide the photo material.
- After receiving from the applicant the required request with all the necessary information, together with a license granting the use of a work from the copyright holder, or from the lender of a work to the National Gallery (should these documents be necessary for the processing of the request), and after the consent of the National Gallery’s relevant Collection and a statement from the Department of Photography, the Registrar´s Office will send the applicant An Agreement on the Granting of Photo Material.
- The agreement will bear the applicant’s signature should the applicant be a private person, or the signature of the statutory body should the applicant be a legal entity. The agreement will state as one of the applicant’s obligations that the supplied photo material can be used only for the purpose for which the National Gallery will grant it and that the photo material cannot be passed on to a third party. The agreement will stipulate the applicant’s following obligations depending on the purpose of the request: for example, to mark the photo material in a publication as “Photography © National Gallery in Prague 20.. (the year of publication)”, to give the National Gallery a complimentary copy/copies of the publication and any other conditions relevant to the granting of the photo material. Depending on the purpose of the request, the Registrar´s Office will fill in any other of the applicant’s obligations, such as to mark the photo material granted to the applicant for exhibition or other purposes with the National Gallery’s logo, with the understanding that the applicant is not permitted to utilize the logo for any other purpose than that stipulated in the agreement.
- The Registrar´s Office will submit a copy of the agreement signed by the applicant to the accounting department to issue the invoice. After the invoice is paid (it can also be paid at the National Gallery’s cashier), the paid-for photo material will be sent to the applicant within five working days at the latest. The photo material can also be sent to the applicant via online storage secured by a password (ftp server) should the applicant have so requested. Should the applicant pay the contractually agreed fee at the National Gallery’s cashier, the applicant could collect the photo material from the Department of ¨¨ or from the Registrar´s Office on the date arranged in advance with the Registrar (see email addresses above).
- The request is considered fully processed after the established fee has been paid, the photo material sent and all the conditions stipulated in the agreement met.
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