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I am a potential user; how do I know if the work I want to use is under copyright?

There are many considerations in determining whether a work is copyright-protected or not. The “Copyright Basics” section of this website can give you guidelines in determining whether the image you are hoping to reproduce is under copyright or not. If you are still in doubt about the status of the image you are considering, call us and we will be happy to provide you with the necessary information.

 When I clear rights through ARS, do I also get a photo?

No. ARS is not a photo archive and does not lend photographic material, with the exception of some images available through the Andy Warhol Foundation (click here for more information). We clear intellectual property rights only, and the procurement of photography is an entirely separate function undertaken by the user. However, we suggest contacting image providers such as Art Resource at www.artres.com.

Can’t I just scan the image out of a book?

No. Simply scanning images out of books or lifting them from other sources for your own purposes is violative of the rights and prerogatives of the artist, the publisher of the book, and the photographer who supplied the original photographic material. It also constitutes unlawful interference in the contractual relationship between the original supplier of the photograph and the publisher.

Stella, Frank (1936 - ) Hooloomooloo 4, 1994. Acrylic on canvas. Collection of the Artist. Photo: Steven Sloman. © 2015 Frank Stella / Artists Rights Society (ARS), New York. Photo © Art Resource, NY.

Stella, Frank (1936 - ) Hooloomooloo 4, 1994. Acrylic on canvas. Collection of the Artist. Photo: Steven Sloman. © 2015 Frank Stella / Artists Rights Society (ARS), New York. Photo © Art Resource, NY.