Reproduction fees are charges imposed by image collections, cultural institutions (such as libraries, museums, and archives), or rights holders for the right to reproduce images, documents, or other materials in publications or other media. They are distinct from copyright fees and from the cost of providing the image or copy itself.
Overview
Reproduction fees are commonly charged by:
- Image collections (stock photo agencies, museum archives, library special collections) for the right to publish or display an image in a book, magazine, television program, website, or other medium.
- Cultural heritage institutions for creating and providing copies of collection materials, including documents, artifacts, audio, and video — covering direct costs of materials, staff time, equipment, and digitization processes.
- Film and media archives for the right to reproduce footage in a new production.
Key Characteristics
- Not the same as copyright fees: Reproduction fees can be charged even when an image is in the public domain (out of copyright). They reflect the institution's possession of the original item or a high-quality copy, and the service of providing access to it.
- Separate from provision costs: The fee for the physical or digital copy itself (e.g., scanning, printing, shipping) is typically billed in addition to the reproduction fee.
- Variable pricing: Fees vary according to the media type (books, magazines, TV, internet, etc.), print run, duration of use, and whether the publication is for-profit or not-for-profit. For web use, licenses are typically granted for limited time periods (e.g., 3 months, 6 months) rather than in perpetuity.
Examples of Use
- In publishing: A scholar seeking to include a historical photograph from a museum archive in an academic book would pay a reproduction fee to the museum.
- In film production: A production company using existing footage in a new film may owe reproduction fees to the archive that holds the footage.
- In government regulation: Under U.S. federal regulations (e.g., 44 CFR § 6.85), government agencies may charge reproduction fees for duplicating documents, such as $0.15 per page for standard office copies.
Criticism and Impact
High reproduction fees have been criticized for making the publication of limited-market or specialist academic works financially unviable. This can have a deleterious effect on academic publishing. The expansion of freely available public domain image resources is seen as one way to mitigate this problem. Conversely, reproduction fees can help cultural institutions balance their budgets and fund preservation efforts.
Related Legal Context
The landmark U.S. case Bridgeman Art Library Ltd. v. Corel Corporation established that exact photographic copies of public domain works of art are not copyrightable under U.S. law, which has implications for the scope of reproduction fees that can be charged for such images.
See Also
- Copyright
- Public domain
- Stock photography
- Licensing
- Bridgeman Art Library Ltd. v. Corel Corporation