fair use is certainly in the foundation of the
discussion (and the gallery in question was as
i'm understanding not collected for commercial
reasons). but in the instance of the
Smithsonian's rights and reproductions page,
they're giving permissions for display and use of
an image *forward* of their ownership of whatever
work. i don't think they can retroactively
suspend permissions given by previous owners of
whatever work. not to mention, they *do* own
rights to the actual photographs/slides/print
reproductions that are being supplied. |