Restrictions on publishing images of old paintings?

          Henry:

          The museums hold the rights to the work in their
          collections.

          Last year I assisted a colleague in obtaining permission
          from MOMA to use a slide of a Rousseau in its collection.
          We most certainly had to obtain clearance.  MOMA further
          insisted that we purchase a slide from MOMA's own
          collection.  MOMA seeks to avoid inferior reproductions of
          its paintings.

          For more information, see, e.g., Marie C. Malaro, "A Legal
          Primer on Managing Museum Collections" (Smithsonian
          Institution Press 1985), p. 121, "Request for Permission 
          to Reproduce Museum Holdings".


                              Francine Alfandary
                              Columbia Law School