Bendigo Art Gallery image use

Availability of images
Bendigo Art Gallery aims to make images of all our collection available online. However, some are unavailable due to copyright restrictions or because we are yet to digitise them.

Using images from the Collection
Bendigo Art Gallery aims to provide access and licenses to a range of images and reproductions of works of art in our collection. We want to be able to provide online access to our images and media and be as creative as possible with how we do this, whilst also being careful about how we collect, licence, credit and protect our sources.

Bendigo Art Gallery is required to comply with the Australian Copyright Act (1968) and needs to clearly outline rights and usage terms for any material we provide access to.

Who can use the images
Subject to any specified restrictions and provided that you follow the below image use terms and conditions and licence guidelines. You do not need to seek permission to use a reproduction of a work of art from our online platforms if it is being used for the following:

• Reproduction in non-commercial publications including collection catalogues;
• Press, publicity and advertising purposes associated with Bendigo Art Gallery, including social media;
• Educational purposes;
• Digital preservation and archival purposes;
• For private research or study, 
• Any other exceptions defined as ‘Fair Dealing’ under Section 40 of the Australian Copyright Act (as amended). 

All other usages will require written approval from the Gallery and the Rightsholder or their agent to avoid an infringement and potential legal problems.

Terms and conditions

Caption
Each reproduction and reuse of an image must be accompanied by a caption as sourced from the Bendigo Art Gallery’s Collection records on the website or as stated on a Licence for Use form. 
The caption will include: Artist Name, Artwork Title, Artwork Date. Medium. Measurement (if provided). Collection. Accession Number. Acknowledgement and Credit. Photographer’s Licence/Credit
It is the user’s responsibility to acknowledge artistic works in accordance with the Moral Rights instructions as featured within the Australian Copyright Act 1968. 
Images must be credited via a caption for each re-use in accordance with Bendigo Art Gallery’s website.

Image Licencing
Image licences are an important part of copyright and allow copyright owners to outline exactly how they would like their work to be used.  An image licence helps clarify how others can use these images and the terms and conditions to follow.

Bendigo Art Gallery wishes to encourage reuse and sharing of our images. We aim for the most flexibility in use possible for our published images. In order to do this, we apply flexible licences wherever possible to our images by using the Creative Commons licencing system. Creative Commons licences were designed as a clear way for copyright owners to apply specific usage terms to their images or media that permit the copyright owner’s desired level of control for public and online use. The assigned licence gives permissions for further use by third parties. An explanation of the Creative Commons licencing system is outlined on their website.  

Licence guidelines

• If an image is licenced using a Creative Commons licence include caption as stated above and follow the guidelines specified for the licence type attributed to each image e.g. CC BY-SA: Others are permitted to edit, adapt, and build upon images even for commercial purposes. Attribution: Share Alike. Users must credit photographer and license their new creations under the identical terms.
• Licence not specified – If you are using an image from Bendigo Art Gallery that does not outline a specific Creative Commons licence, please follow the below guidelines for licencing and reuse.

1. Permission for reproduction is supplied for non-exclusive use 
2. Provide credit and acknowledgement via caption for all images. Follow Bendigo Art Gallery’s image caption process: Artist Name, Artwork Title, Artwork Date. Medium. Measurement (if provided). Collection. Accession Number. Acknowledgement and Credit. Photographer’s Licence/Credit. 
3. Non-commercial use only
4. The image/s must not be cropped or altered in any way, and no text overlaid.

• If an image is licenced as Exclusive or specifies any restrictions on use, please do not download or use image unless you are given specific written permission from the Gallery. 

If you require further information about the use of any of our images, please contact via the Request to use an image form below.

You must obtain specific permission from Bendigo Art Gallery if you wish to:

• Charge others for access to any image or media
• Include the image or media in advertising or for sale purposes
• Edit, repurpose or alter the image or media

Reproduction requests

Image reproduction service
To request a high-quality image or a new image for reproduction please complete the Request to use an image form and follow the below guidelines.

When you request an image of an artwork for reproduction purposes, you must agree to our conditions. It is your responsibility to get permission from the holder of copyright to reproduce the work/s of art. We will need proof of that permission before we can supply you with the image requested.

Request to use an image form

Terms and conditions for image reproduction
Permission to reproduce from these images is dependent on the full acceptance of these conditions and is automatically revoked if any part is infringed.

Copyright clearance
In most cases the artist (creator), or their nominated copyright holder owns the copyright on a work of art for life, and for up to 70 years after death. Applicants are required to obtain permission from the holder of copyright to reproduce the works of art. The Gallery will not supply an image until written proof of copyright permission has been given. The Gallery will not be held responsible for any breach of copyright. In some cases, the Gallery will hold the copyright or may be able to provide contact details for copyright holders.

One use only
Permission is given for one time use only. This permission applies only to the publication specified by the applicant. Application in writing must be lodged for any other publication, including reprints, revisions and translations. Subsequently the image may not be reproduced or used for Internet applications without prior written permission from the Gallery.

Using the image

1. The complete artwork, being the painted area of a picture or the area within a sculpture or object, may not be cropped, overprinted nor in any way altered or defaced without prior written approval from the Director of the Gallery.
2. Reproduction of the work must not be larger than the size of the original work, unless approved in writing by the Director of the Gallery.
3. Caption information is supplied by the Gallery and must always accompany a reproduction.
4. A final colour proof must be submitted to the Gallery for the checking of reproduction format and quality, including colour fidelity, before final printing commences.
5. One copy of the final product must be supplied for Gallery records.

One user only
Permission, when granted, is personal to the applicant and may not be assigned, transferred or sublet in the event of the publication lapsing or not coming to fruition within six months of the date of this approval, in which instance a fresh application will be required.

Fees
The fee for this request will be determined upon receipt of application.