Copyright & Licensing

Copyright & the Reproduction of Works
Orphan Works
Take Down Policy
National Galleries of Scotland Creative Commons Policy
Creative Commons Guidance for Users

Copyright & the Reproduction of Works

Copyright

The National Galleries of Scotland are committed to the following principles:

  • Complying with all relevant IPR legislation
  • Ensuring that it meets its legal duties to maintain good relationships
  • To use its own and others’ IPR assets appropriately
  • Delivering subsided access to IPR information, for non-commercial uses
  • To empower staff to administer their responsibilities in IPR

The intellectual property rights (IPR) in all content comprising or contained with National Galleries of Scotland digital outputs which include this website, printed material (including all National Galleries of Scotland-produced Book Titles and marketing materials) is owned by the National Galleries of Scotland, and other copyright owners as specified.

The National Galleries of Scotland is committed to respecting the intellectual property rights of others. All reasonable efforts have been made to ensure that the reproduction of content on the National Galleries of Scotland website has the full consent of copyright owners. Copyright details appear either beneath the corresponding image or in the rollover text of that image. View the Orphan Works and Take Down Policy.

Sourcing images from the National Galleries of Scotland website

Please note that copyright on all content comprising or contained within this website remains with National Galleries of Scotland and other copyright owners as specified.

The National Galleries of Scotland work on securing permissions from Artists and their copyright holders.
These licences allow the National Galleries of Scotland to reproduce the artworks and do not extend to third party reproduction.

If you wish to reproduce any images of works featured in this website, please read our guidance on what uses are permitted. Reproductions of artworks are available: 

  • As part of the Online Collection, via free download for certain uses
  • To buy from the Gallery Shop as prints/postcards
  • To Licence and purchase digital images for commercial use from National Galleries of Scotland Picture Library picture.library@nationalgalleries.org

It is your responsibility to obtain permission from copyright holders or their agents before a reproduction of works or any other content is made, or this will constitute an infringement of copyright.

Download function

This online collection feature allows users to download certain image assets for the non-commercial uses outlined below. The user may download with image maximum width/height 1920px after creating a National Galleries of Scotland online account.

Reproducing content from the National Galleries of Scotland website

The contents of this website can be viewed for your enjoyment, so you may access and download certain collection images.

This content may be reproduced for non-commercial purposes of research, private study, criticism and review as outlined below.

The following uses of National Galleries of Scotland copyright content are also permitted, except where other terms apply:

  • Reproducing National Galleries of Scotland copyright content, for non-commercial research, private study, criticism and review. Where any artworks are published, the source of the content must be identified and the copyright status of the content acknowledged, e.g. Title of work, Artist, Date of Creation of Artwork, Photo; © National Galleries of Scotland
  • Limited quotation of National Galleries of Scotland copyright texts for non-commercial research, private study, criticism and review. Where any artworks are published, the source of the content must be identified and the copyright status of the content acknowledged. Where any text is published please credit the text as © National Galleries of Scotland
  • Reproducing National Galleries of Scotland copyright content by a recognised UK exam authority for examination purposes
  • Downloading National Galleries of Scotland copyright audio and video for non-commercial off-line listening and viewing. Embedding links to National Galleries of Scotland audio and video content.
  • Downloading and printing of National Galleries of Scotland copyright learning content for non-commercial educational uses
  • Reusing content published under a Creative Commons Licence under the terms of the specified Licence see National Galleries of Scotland Creative Commons. View the Orphan Works and Take Down Policy.

However, the following acts are prohibited in respect of any of the National Galleries of Scotland content:

  • Public display or performance
  • Reproduction of content for commercial use, rental or lending of content obtained or derived from National Galleries of Scotland content, including all National Galleries of Scotland digital outputs
  • Any form of reproduction whatsoever, including without limitation, the extraction and/or storage in any retrieval system or inclusion in any other computer programme or work
  • Any reproduction whatsoever of details, alterations and adaptations of works
  • Publication of unauthorised translations or transcriptions or content, except where other terms allow
  • False attribution of author or copyright credits
  • Unauthorised text mining of website content

Non-commercial use

National Galleries of Scotland define the following uses of National Galleries of Scotland imagery and text as non-commercial activity:

  • Use in free educational lectures and classes
  • Use on an individual or group’s website discussing the artwork in question (where the individual or group is promoting themselves commercially this use will not be permitted)
  • Use on websites that are primarily information led, research orientated and non-commercial, for example Wikipedia
  • Use on personal social media accounts (where the individual is promoting themselves commercially this use will not be permitted)
  • Layout for reference for publishing projects
  • Thesis papers (under 10 copies)

There are, of course, the statutory exceptions to copyright that may 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

The National Galleries of Scotland define commercial use as where use of the content will work towards a commercial advantage or monetary gain – making a profit or covering costs.

As well as obvious commercial activities such as merchandise production, publications that are sold, advertisements and commercial promotions in films and on TV, the following uses of National Galleries of Scotland images are regarded as commercial activities:

  • Use online or in print by commercial organisations, including Trading Companies for Charities
  • Uses by University Presses in Publications (print/online)
  • Within Promotional Material connected with commercial events
  • On an individual’s website which adds value to their business for promotional purposes or offering a service to third parties
  • Unsolicited use by news media
  • Compilations of past exam papers
  • Use by commercial galleries and auction houses
  • Thesis papers (over 10 copies and being published for sale)
  • Any product/service use where a fee is charged for purchasing the product/service

Under charity law, conflicts can arise when one charity is seen as assisting another.

Therefore National Galleries of Scotland needs to treat other charities (and their trading arms) as if they were “commercial” organisations.

For any Commercial please make an online application for a license to National Galleries of Scotland Picture Library.

Orphan Works

The National Galleries of Scotland are committed to respecting the intellectual property rights of others. Extensive efforts are made to establish the rightful copyright holders of artworks in the collection; however despite this we are still unable to trace certain copyright holders.

These artworks, with unknown copyright holders, are sometimes referred to as ‘orphan works’

Whilst wanting to maintain rights of consent of artists and copyright holders, we do wish to make artworks available to the public.

For a list of artists for whom we cannot find the rights holder please refer to the Orphan Works list. 

  • ALISON, Henry Young 1889 - 1972
  • BAIN, John Maxie b.1942
  • BITZAN, Ion 1924-1997
  • BLYTH, Robert Henderson 1919 - 1970
  • BONE, Phyllis Mary 1896-1972
  • CHUTE, Desmond 1895-1962
  • CLAPPERTON, Thomas John 1879-1962
  • COBURN, Alvin Langdon 1882-1966
  • D’ARCANGELO, Allan b.1930
  • DAGLISH, Eric Fitch 1894-1964
  • DIXON, James 1887-1970
  • DOBSON, Cowan 1894-1980
  • DOBSON, Henry Raeburn 1901-1985
  • DORN, Marion 1899-1964
  • DURWARD, Graham b.1956
  • EGAN, Felim b.1952
  • ELK van, Ger b.1941
  • EHRLICH, Georg 1897-1966
  • ERNEST, John 1922-1994
  • EWART, David Shanks 1901-1965
  • FEYZDJOU, Choreh 1955-1996
  • FLETCHER, Frank Morley 1866-1949
  • GOGOLIUK, Gennadii b. 1960
  • GOURLEY, Alan 1909-1991
  • GRECO, Emilio1913-1995
  • HENDERSON, Keith 1883-1982
  • HILL, Alexander Wilson 1867-1949
  • HURD, Peter 1904-1984
  • KENNINGTON, Eric 1888-1960
  • LION, Flora 1878-1958
  • MARIL, Herman 1908-1986
  • MATTIOLI, Carlo 1911-1994
  • MAVOR, Osborne, Henry 1888-1951
  • McEWEN, Rory 1932-1982
  • McLEAN, John b. 1939
  • MEDNIKOFF, Reuben 1906-1975
  • MESTROVIC, Ivan 1883-1962
  • NAIRN, Andrew 1903-1993
  • NEILSON, Lil 1938-1998
  • NEWBERY, Francis Henry 1855-1946
  • NIVEN, William 1890-1947
  • PAULIN, George 1888-1962
  • PELLEW, Claughton 1890-1966
  • PEMBERTON, John 1908-1960
  • PIBWORTH, Charles James 1878-1958
  • RIMMINGTON, Edith 1902-1986
  • RIVERS, Robert b.1950
  • ROY, Jamini 1887-1972
  • SANTOMASO, Giuseppe 1907-1990
  • SHELESNYAC, Henry 1938-1980
  • SCHULTZ, Harry 1874-1958
  • TANNER, Robert 1904-1988
  • TOFT, Albert 1862-1949
  • VAIL, Laurence 1891-1968
  • WATERSON, David 1870-1954
  • WESTWATER, Robert Heriot 1905-1962
  • WILSON, Cyril 1911-2002
  • WILSON, Leslie Hamilton 1883-1968
  • WRIGHT, John Buckland 1897-1954
  • WYSARD, Anthony 1907-1984

If you have any useful copyright information relating to these works, or have a legitimate claim to any of them, please do not hesitate to contact the National Galleries of Scotland Copyright Department on the details listed below.

Copyright Department
Scottish National Gallery of Modern Art
70 Belford Road
Edinburgh
EH4 3DE

Email: copyright@nationalgalleries.org
Telephone: +44 (0)131 624 6258/6260

Take Down Policy

The National Galleries of Scotland is committed to respecting the intellectual property rights of others. All reasonable efforts have been made to ensure that the reproduction of content on the National Galleries of Scotland website and other digital publications (including, but not restricted to, images, text and video) is done with the full consent of copyright owners. Copyright details appear either beneath the corresponding image or in the rollover text of that image.

Depending on local laws, you may be unable legally to download or copy certain works in your country. It is your responsibility to ensure that your local law permits you to do this.

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 us in writing stating the following:

  1. Your contact details
  2. The full details of the material’s creator
  3. The exact and full web address (URL) where you found the material
  4. 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.

National Galleries of Scotland Copyright Department
Bridge Lodge
70 Belford Road
Edinburgh 
EH4 3DE

Email: copyright@nationalgalleries.org
Telephone: +44(0)131 624 6258/6260

National Galleries of Scotland Creative Commons Policy

As part of its mission to promote the public’s enjoyment and understanding of our artworks, National Galleries of Scotland wishes to make certain images available free of charge for re-use for non-commercial purposes. National Galleries of Scotland sees CC licences as a well-established means of doing so, whilst balancing the needs of National Galleries of Scotland’s own commercial / self-funding interests.

The aims of this policy are to communicate National Galleries of Scotland’s use of Creative Commons (“CC”) licences and to explain what National Galleries of Scotland regards as commercial and non-commercial activity. This is to ensure a fair balance between free use of images in promoting the public’s enjoyment and understanding of the Collection, and National Galleries of Scotland’s commercial activities, used to help fund the former. It also helps ensure users will not breach the terms of the CC licence.

National Galleries of Scotland is applying a Creative Commons attribution, non-commercial, unported licence, version 3.0 ("CC BY-NC  3.0"), to low-resolution images of:

a) All fully-copyright-expired, wholly-National Galleries of Scotland-owned artworks from the permanent collection 

Definitions and examples

National Galleries of Scotland defines what it means by “non-commercial” and “commercial” for the purposes of the Creative Commons licence.  Please note National Galleries of Scotland reserves the express right of judgment in any situation not covered in this document.

1) Non-commercial use

National Galleries of Scotland defines the following uses of National Galleries of Scotland imagery and text as non-commercial activity:

  • Use in free educational lectures and classes
  • Use on an individual or group’s website discussing the artwork in question (where the individual or group is promoting themselves commercially this use will not be permitted)
  • Use on websites that are primarily information led, research orientated and non-commercial, for example Wikipedia
  • Use on personal social media accounts (where the individual is promoting themselves commercially this use will not be permitted)
  • Layout for reference for publishing projects
  • Thesis papers (under 10 copies)

There are, of course, the statutory exceptions to copyright that may 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.

2) 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".

The National Galleries of Scotland define commercial use as where use of the content will work towards a commercial advantage or monetary gain – making a profit or covering costs

As well as obvious commercial activities such as merchandise production, publications that are sold, advertisements and commercial promotions in films and on TV, the following uses of National Galleries of Scotland images are regarded as commercial activities;

  • Use in any digital platform/channel or in print by commercial organisations, including Trading Companies for Charities
  • Uses by University Presses in Publications (print/online)
  • Within Promotional Material connected with commercial events
  • On an individual’s website which adds value to their business for promotional purposes or offering a service to third parties
  • Unsolicited use by news media
  • Compilations of past exam papers
  • Use by commercial galleries and auction houses
  • Thesis papers (over 10 copies and being published for sale)
  • Any product/service use where a fee is charged for purchasing the product/service

Under charity law, conflicts can arise when one charity is seen as assisting another.

Therefore National Galleries of Scotland needs to treat other charities (and their trading arms) as if they were “commercial” organisations.

Legislation

Governance

The policy is implemented, monitored and managed by Planning and Performance Department with advice provided by the National Galleries of Scotland Picture Library

The National Galleries of Scotland Picture Library is responsible for determining and supervising workflows to ensure CC licences are attached to the relevant content and the policy delivered.

Breach of policy

National Galleries of Scotland takes breaches of its CC licences very seriously. In addition also to being infringements of National Galleries of Scotland’s copyright, such breaches are also likely directly to threaten National Galleries of Scotland’s commercial interests, which help fund National Galleries of Scotland’s ‘free’ activities. Breaches are also grossly unfair to legitimate CC licence users.

In the event of a potential breach of National Galleries of Scotland’s CC licence terms, the National Galleries of Scotland Picture Library will initially request potential violators to remove images and / or to obtain a commercial licence for use of the National Galleries of Scotland images in question.

Non-compliant users will thereafter be referred to the Department of Planning and Performance.

If a user is dissatisfied with the handling of the breach the National Galleries of Scotland has a Complaints Handling Procedure and complaints can be submitted in writing to: 

Director-General’s Office
National Galleries of Scotland
73 Belford Road
Edinburgh
EH4 3DS

Queries

Any queries should be addressed to National Galleries of Scotland Picture Library at picture.library@nationalgalleries.org

Creative Commons Guidance for users

Why is National Galleries of Scotland introducing the Creative Commons Licence?

One of National Galleries of Scotland’s core goals is to promote enjoyment of, and engagement with, art and artists within our collection, to audiences wherever they are in the world. As part of this, we are releasing some of some items from our main Collection for use for non-commercial and educational purposes under a Creative Commons CC-BY-NC- 3.0 (Unported) licence.

The aim is to provide a simple, standardised way to grant copyright permission for the use of National Galleries of Scotland’s intellectual property (its photography) and artists’ creative work for specific uses only, whilst safeguarding National Galleries of Scotland’s own income from its IP in commercial contexts and ensuring artists, copyright holders and National Galleries of Scotland are credited for their work and are protected by law.

What does the Creative Commons licence apply to?

Creative Commons (CC) licensing does not apply to everything on our website yet – please look out for the Creative Commons link underneath an image to tell you if an image is available under Creative Commons and what type of Creative Commons licence applies. We will be adding more links over the coming months but, in the meantime, please note that Creative Commons licences also apply to our website images of all wholly-National Galleries of Scotland-owned, fully-copyright-expired main Collection works (so, works whose creator died more than 70 years ago). National Galleries of Scotland has adopted the CC BY-NC 3.0 (Unported) licence to release this content.

The digital images available under the CC licence are 72dpi, 1500 pixels along the longest edge, roughly 5MB in size, RGB, 8-bit JPG files and suitable for non-commercial on-line and educational usages only. Metadata has been included in all our digital images available under the CC Licence. If you require a larger digital file for printed material or wish to use images in a commercial context, then please contact National Galleries of Scotland Picture Library picturelibrary@nationalgalleries.org stating the Collection reference number for the item you wish to reproduce.

What does the CC-BY-NC- (attribution – non-commercial) licence allow?

The BY-NC licence allows you to

Share: to copy, distribute and transmit the work

Provided that:

Attribution (BY) – you, the licensee, must attribute the work in the manner specified by National Galleries of Scotland (but not in any way that suggests that National Galleries of Scotland endorses you or your use of the work)

The required attribution is: Artist Name; Title of the Image if there is one; © [Rights Holder] Photographic Rights © National Galleries of Scotland (year), CC-BY-NC  3.0 (Unported), a link back to the material

Non-commercial (NC) – licensees may not use the work for commercial purposes

lf you wish to license this image for commercial use, please email National Galleries of Scotland Picture Library picturelibrary@nationalgalleries.org

How to use National Galleries of Scotland’s Creative Commons material

If you see a link like this below an image it tells you that the image is available under Creative Commons and the type of CC licence. Website images of all wholly-National Galleries of Scotland-owned, fully-copyright-expired main Collection works are also covered. This tells you that this image is available under a CC-BY-NC  3.0 (Unported) licence. If you click on the link it will take you to this webpage about the licence.

Remember: You cannot use the material commercially and, if you’re distributing the material, you can modify, remix or transform the material in any way. It’s important to remember that we need to respect the wishes of the artist or their estates about how their material can be used in the same way that you would want your creative work respected.

For more information about Creative Commons licences and the ethos behind open access

About Creative Commons

More information about the CC-BY-NC  licence and legal code