Reviewed as of 1 October 2026. If you spot an error, write to me.
This guide is intended for those organising an exhibition featuring works by others: curators, galleries, associations or foundations. From the artist's perspective, the guide on how to authorise the reproduction of a work explains what to grant. This text addresses what must be requested.
Exhibiting and reproducing are distinct acts
The law permits the owner of the original of a painting, sculpture or photograph to exhibit it in public, unless the author expressly excluded that right on sale. The author may object if the exhibition is held in conditions that prejudice their honour or professional reputation. If the lender is the owner of the original of a work of visual art or photographic work, Article 56.2 recognises, as a general rule, the right of public exhibition, unless the author expressly excluded it when transferring the original. Where a third party organises the exhibition, the loan agreement should state that the lender is authorised to permit the exhibition and that no applicable exclusion exists. This right of public exhibition does not include reproduction of the work in the catalogue, on the website, on social media or in promotional materials.
The remaining exploitation rights belong to the author or whoever manages them, not to the owner of the painting or the lender. Authorisation for one specific use does not cover others.
What must be clarified
Compile a list, work by work, of all intended uses:
- A gallery label or wall text written by the institution itself does not need authorisation merely because it describes or comments on a work. The situation changes if it incorporates a reproduction of the work, third-party photographs or protected extracts from other texts: each of those uses must be assessed separately.
- The catalogue, whether printed or digital, including its print run and format.
- The exhibition website and the venue's website.
- Social media, both during and after the exhibition.
- The press: images provided to media outlets.
- Posters, brochures and banners.
- Installation photographs, in which the works are shown mounted in the space.
- The archive: which images are retained and displayed once the exhibition concludes.
For each work, ascertain who controls the rights: the artist, their heirs, a gallery with written authority or a management entity such as VEGAP. If the work is in the public domain, the guide on images in the public domain explains what remains restricted.
How to request permission
A clear request elicits faster responses. It must state:
- Which work, including title, date and a reference photograph.
- Which uses from the aforementioned list, including medium, approximate size and print run.
- The duration and territory of the usage.
- Whether there will be crops, details or text over the image.
- The credit line to be used and the number of catalogue copies the rights holder will receive.
- The remuneration offered, or whether a royalty-free assignment is requested and why.
Retain the response in writing. An informal 'yes' without specified uses is an inadequate basis for publication. If the author is in the VEGAP repertoire, the guide on how to request authorisation from VEGAP explains the procedure.
Common mistakes
- Assuming that the loan of the original includes the rights to the images.
- Using a photograph provided by a gallery without verifying who holds the rights to the photograph and who holds the rights to the work.
- Believing that crediting the source is enough. The quotation exception requires the work to have been lawfully made available to the public, its inclusion to serve quotation, analysis, commentary or critical assessment, the use to have a teaching or research purpose, the extent of the use to be justified by that purpose and the source and author's name to be acknowledged.
- Copying an image from another website because it was 'already public'. The Court of Justice of the European Union declared in 2018 that publishing a photograph on a website that was freely accessible on another website requires new authorisation.
- Maintaining promotional images online after the authorised period has expired.
Further reading
- How to loan your work to an exhibition.
- How to read the licence of an image and credit it.
- Quotation and illustration for teaching: what Article 32 allows.
On the open conversation
This guide is for informational purposes. For an exhibition featuring many protected works or a commercial catalogue, seek legal advice. If you organise exhibitions and can share how you clear rights, this notebook remains open.