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Copyright, Permissions and Photography

Please note that the intellectual property rights in all content comprising or contained within this website address (URL) is owned by Modern Art Oxford, and other copyright owners as specified.

The contents of this website are published for your enjoyment. You may freely access and store the majority of the website’s contents on a temporary basis for the purposes of personal or private viewing, interaction or listening.

You might not be able to legally download or copy certain works in your country. It is your responsibility to ensure that your local law permits you to do this.

Reproducing content and images from the Modern Art Oxford website

Website content and images that are Modern Art Oxford’s copyright may be reproduced for the non-commercial purposes of research, private study, criticism and review, or for limited circulation within an educational establishment (such as a school, college or university).

The following uses of Modern Art Oxford’s copyright content are also permitted, except where other terms apply:

  • Reproducing Modern Art Oxford copyright content for non-commercial research, private study, criticism and review, or for the purposes of teaching and instruction within an educational establishment. Where any artworks are published, the source of the content must be identified and the copyright status of the content acknowledged, e.g. ‘Title, Artist, Date of Work, Photo: © Modern Art Oxford [current year]’.
  • Limited quotation of Modern Art Oxford copyright texts or transcripts, for non-commercial research, private study, criticism and review, or use within an educational establishment, with due acknowledgement and citation. Where any text content is published, the author and/or source of the content must be identified and the copyright status of the content acknowledged, e.g. ‘© Modern Art Oxford [current year]’.
  • Reproducing Modern Art Oxford copyright content for the purposes of an educational examination, by a recognised UK exam authority.
  • Downloading Modern Art Oxford copyright audio and video content for non-commercial offline listening or viewing.
  • Downloading and printing of Modern Art Oxford copyright learning content, and whiteboard resources, for non-commercial educational use.
  • Embedding links to Modern Art Oxford audio and video content, where embedding is offered.
  • Embedding or loading Modern Art Oxford news feeds (RSS).

However, the following acts are not permitted in respect of any of the content or images featured on Modern Art Oxford’s website:

  • Reproduction of website content for commercial purposes, or any rental, leasing or lending of content obtained or derived from the website.
  • Any use of the Modern Art Oxford logo, brand identities or Modern Art Oxford trademarks without prior consent from Modern Art Oxford.
  • Any considerable public dissemination, display or hosting of website content via any third-party platforms, including without limitation, the substantial or repeated extraction and/or storage of Modern Art Oxford website content in any retrieval system, or inclusion in any other computer program or work.
  • Reproduction of Modern Art Oxford website content on any social media platforms, except where other terms allow.
  • Inaccurate or distorted reproductions, colour treatments, alterations or adaptations of website content, except where other terms allow.
  • Publication of any unauthorised translations or transcriptions of website content, except where other terms allow.
  • False attribution of authorial or copyright credits, and the removal of any Modern Art Oxford metadata from digital file formats.
  • Unauthorised text/data mining of website content and metadata.

Non-Commercial Use

Modern Art Oxford would usually regard the following uses of Modern Art Oxford imagery as non-commercial activity:

  • Use in free educational lectures and classes;
  • Use on an individual or group’s website discussing the artwork in question;
  • Use on websites that are primarily information-led, research-oriented and obviously non-commercial in nature, for example Wikipedia;
  • Use on personal social media accounts, provided the individual is not promoting themselves commercially.

Statutory exceptions to copyright also apply in certain situations. It is the user’s responsibility to satisfy themselves that an exception (such as fair dealing criticism and review, quotation, or reporting a current event) applies.

Commercial Use

Creative Commons defines commercial use as “reproducing a work in any manner that is primarily intended for or directed toward commercial advantage or monetary compensation”.

As well as obviously commercial activities such as merchandise production, use of Modern Art Oxford images editorially in films and on TV, in publications that are sold, in advertisements and commercial promotions, Modern Art Oxford would usually regard the following uses of Modern Art Oxford imagery as commercial activity:

  • Use online or in print by commercial organisations, including (for the avoidance of doubt) trading arms of charities;
  • Use on an individual’s website in such a way that adds value to their business, or for promotional purposes, or where offering a service to third parties;
  • Use of images by university presses in publications online or in print;
  • Use in publicity and promotional material connected with commercial events;
  • Unsolicited use of images by news media, including front covers and centre-page spreads;
  • Use in compilations of past examination papers;
  • Use by commercial galleries and auction houses.

Under charity law, conflicts can arise when one charity is seen as assisting another. Therefore Modern Art Oxford needs to treat other charities (and their trading arms) as if they were ‘commercial’ organisations.

Modern Art Oxford actively develops agreements with copyright holders and other licensing agents for the artists they represent. Whilst these agreements enable Modern Art Oxford to illustrate artworks, the permissions do not extend to any other party, unless specified.

Please note that the further reproduction of artworks, or any other images or content, made available by Modern Art Oxford may constitute an infringement of copyright. It is therefore your responsibility to investigate and obtain permission from copyright holders or their agents before publishing such content.

LEGAL NOTICE

If you are a rights holder and are concerned that you have found material on this website for which you have not granted permission (or is not covered by a copyright exception under the UK Copyright, Designs and Patents Act 1988) please contact Modern Art Oxford in writing stating the following:

  • Your contact details
  • The full details of the material’s creator
  • The exact and full web address (URL) where you found the material
  • Proof that you are the rights holder and a statement that, under penalty of perjury, you are the rights holder or are an authorised representative.

Please email this information to media@modernartoxford.org.uk.

Image Use at Modern Art Oxford

As a visual arts organisation, Modern Art Oxford takes pride in sharing and creating world-class images. The organisation uses images in and on its website, social media, printed marketing materials, online listings, advertising and onsite at the gallery. As part of our work as a public arts organisation, we are also required to share images with our press, stakeholders, funders and partner contacts.

Third party image platforms

Modern Art Oxford’s third party image sharing platforms and their Terms of Service are:

  • Twitter: https://twitter.com/en/tos
  • Facebook: https://www.facebook.com/legal/terms
  • Instagram: https://help.instagram.com/581066165581870
  • YouTube: https://www.youtube.com/static?gl=GB&template=terms
  • Padlet: https://padlet.com/about/terms
  • WordPress: https://wordpress.com/tos/

Image sharing and ownership

As a collaborative organisation, Modern Art Oxford regularly works with artists, participants and audiences to share image content for marketing, press and digital purposes. In order to share the images of others we obtain:

  • Signed image permissions forms;
  • Signed image licensing agreements in all artist/contributor contracts;
  • Full written consent when sharing images with third parties;
  • Fully agreed terms when naming or releasing identities.

Image rules and restrictions

Modern Art Oxford shares images for its audience’s enjoyment and education. As an organisation, we reserve the right to disallow, remove, edit or report images that are deemed objectionable, offensive, or unlawful.

This includes, but is not limited to, imagery that is abusive, threatening, harassing, defamatory, ageist, sexist or racist. Image content that is intended to promote or incite violence will not be tolerated and, if deemed unlawful, could lead to further action.

The organisation leads on professionally handling any online comments or feedback associated with the imagery, including general comment responses, answering questions or, if necessary, comment removal. Modern Art Oxford does not remove comment or opinion unless it is deemed offensive or triggering to others.

VISITOR PHOTOGRAPHY

Photography in Modern Art Oxford’s galleries is allowed for personal, non-commercial purposes only. It is the visitor’s responsibility to ensure no copyright is infringed. The use of flash and tripods is prohibited.

Photography may not be permitted in certain exhibitions. For these, additional signage will be available in the gallery explaining what can and can’t be photographed. Please see notices in the galleries on your visit for full details.