Digital Loan Agreement

​

Digital Loan Permitted Use License

(Draft Template)

 

This document was constructed by National Gallery X artist in residence Gretchen Andrew taking relevant sections from 3 documents: 

1. Physical loan template 

https://drive.google.com/file/d/1JAt9SyxPXh2UiNeYb52mUHqln393lSPq/view?usp=sharing

1. The National Gallery Picture Library Terms and Conditions

https://www.nationalgalleryimages.co.uk/upload/terms_and_conditions.pdf

1. Loans between National and Non-national Museums New Standards and Practical Guidelines

https://www.nationalgallery.org.uk/media/15298/loan_standards_txt.pdf

 

Based on conversations with:

• Head Of Legal, The National Gallery: Richard Barnett, richard.barnett@ng-london.org.uk

• Head Registrar, The National Gallery: claire.hallinan@ng-london.org.uk

• Partner, Field Fisher: Helen Mulcahy: helen.mulcahy@fieldfisher.com

• Partner, technology Field Fisher: Chris Eastham: chris.eastham@fieldfisher.com 

• CEO, Vastari: Bernadine Bröcker Wieder: bbrocker@vastari.com

 

This research document in associated with 

• Digital Loan Application Process (Draft proposal)

Goals & Aims

The goal of this agreement is to echo the curatorial gravitas and solemnity associated with traditional physical loans while benefiting from the relative technical ease of digital transfer and display. While a Picture Library Loan will specifies, “You may not use the name ‘National Gallery’, ‘National Gallery Company’ or any similar name in any manner in connection with any Image” the goal of a digital loan is expressly for such use, for the creation of an officially recognized exhibition with curatorial recognition. 

High Level Concepts of Note

• Named Digital Loan Permitted Use License as it legally operates more like a license. 

• “the Borrower” is not the platform.  See 1.1.2

• "Artworks" means digital files. See 1.1.3

• Here we specify the default, most conservative uses of digital display of physical objects with notes and encouragement to seek unique uses as part of the Approved Purpose (Augmentation etc.) See 2.4 & Appendix 

• The agreement is institution to institution, the obligation is on the Borrower to ensure the platform complies. As written, if the platform or file transfer is compromised, “falls into the wrong hands” the Borrower is responsible. Will this prove too risky for institutions? How might the Borrower put some of this back on the platform?

 

Areas of Known Contention & Confusion

• Insurance: As The National Gallery Picture Library TOC does not insist on insurance, we have forgone any reference to or need for insurance of any kind

• Transfer of Permitted Use when uploaded to/ hosted on a 3rd party platform(s). See 2.4

• “True representation of the original work” determined by the curator with guidance in the appendix.

 

Note: this template agreement has been prepared for the benefit of lenders of artworks. It is intended to provide guidance of a general nature only; legal advice should be sought to deal with specific situations. 

 

PARTIES:

Lender:

Email Address:

Address:

 

Borrower:

Email Address: 

Address:

 

APPROVED PURPOSE OF DIGITAL LOAN PERMITTED USE LICENSE OF ARTWORKS

With any Digital Loan Request You make We must receive full details of Your Contemplated Exploitation or Planned Exploitation as appropriate (which You undertake will be honest and provided in good faith) along with the date on which You intend to begin, or would begin, any such Exploitation.

 

Formal applications need to be submitted and approved for all loans, regardless of previous discussions with staff at the lending museum. Some museums expect formal requests to be addressed to the director, others to the curator or registrar. The institution’s loans policy should make it clear to whom applications should be addressed. The formal request should include all information on planned exploitation including but not limited to: 

 

• Title of the exhibition

• Platform(s)

• Exhibition Dates 

• Date file is required (Usually 1-3 months before the exhibition)

• Deletion Date of all files

• Organiser’s name, address and contact details 

• Scope of the exhibition

• Type of loan - digital/physical

• A complete list of the objects requested, where possible quoting object numbers 

• Format and size of object file requested 

• Reasons for inclusion of the objects 

• Who is responsible for preparing the exhibition

• Whether a publication will be produced 

• Who has access to the digital experience? Is it digitally ticketed? 

• Completed UK Registrars Group digital facilities report including further details on the Platform(s) where possible 

 

PERIOD OF LOAN:

Exhibition Dates:

Date file is required (Usually 1-3 months before the exhibition):

Deletion Date of all files:

 

FULL LIST OF WORKS LOANED: see Appendix

 

HANDLING/DISPLAY REQUIREMENTS: see Appendix

 

EXHIBITION DETAILS:

Exhibition Title:

Dates:

Platform:

 

The Lender agrees to lend the Artworks to the Borrower for the purpose specified above and subject to the other terms and conditions stated or referred to in the Schedule

 

SIGNED by or the authorised representatives of the Lender and the Borrower

 

LENDER: _________________________________________________

Name and position of signatory _________________________________________________

DATE: _________________________________________________

 

BORROWER: _________________________________________________

Name and position of signatory _________________________________________________

DATE: _________________________________________________

THE SCHEDULE

 

TERMS AND CONDITIONS FOR DIGITAL LOAN PERMITTED USE LICENCE OF ARTWORKS

 

The obligations of both Parties to this Loan Agreement will be in accordance with these Terms and Conditions and any Special Conditions specified in the Loan Agreement.

1. Definitions and Interpretation

1.1. In the Loan Agreement the following terms shall have the following meanings unless the context shall otherwise require.

 

1.1.1. "the Lender" shall mean the company, institution or individual named in the Loan Agreement and shall include their representatives, successors and assignees. 

 

1.1.2. "the Borrower" shall mean the company institution or individual named in the Loan Agreement and shall include their representatives, successors and assignees. the Borrower” is not the platform.  All responsibilities for the security, execution, and deletion of the loaned artworks lie with the company, institution or individual named in the Loan Agreement. 

 

1.1.3. "Artworks" shall mean those files stated in the Inventory of Artworks in the Appendix to the Loan Agreement

 

1.1.4. “the Approved Purpose” shall mean the purpose of the Loan as stated in the Loan Agreement

 

1.1.5. “Exhibition” shall mean the Exhibition specified in the Loan Agreement;

"Exhibition Dates" shall be the dates stated in the Loan Agreement and ‘Exhibition Platform(s)" shall mean the companies who host of the Exhibition as stated in the Loan Agreement

 

1.1.6. "Force Majeure" means any event or occurrence which is outside the control of the party concerned and which is not attributable to any act or failure to take preventative action by the party concerned, but shall not include any industrial action occurring within the Lender’s or Borrower's organisation or at the Platforms(s).

 

1.1.7. “Handling or Display Requirements” shall mean those special requirements (if any) for the display or handling of the Artworks as stated in the Appendix

 

1.1.8. “Loan Period” means the period of the loan stated in the Loan Agreement which runs from file transfer to deletion date. 

 

1.1.9 “Deletion Date” means the date specified in the Digital Loan Agreement by which all Files in your possession or control must be permanently destroyed or deleted from Your computer or Your system and The Platform(s) systems. 

 

1.1.10 “User” means the online users or viewers of the Platform(s) and or Service

 

1.1.11 “Service” or “Platform” means the online service or Platform(s) (Details of which are set as part of your Approved Purpose) that you wish to use the Artwork(s) on

1.2. In the construction and interpretation of the Digital Loan Permitted Use Licence:

 

1.2.1. the headings are for convenience only and shall not affect the interpretation;

 

1.2.2. references in this Loan Agreement to Clauses, Schedules or Appendices are to Clauses of and Schedules and Appendices to the Digital Loan Permitted Use Licence

 

1.2.3. unless the context otherwise requires, the singular shall include the plural and vice versa, references to any person shall include bodies corporate, unincorporated associations, charities and partnerships;

 

1.2.4. This Digital Loan Permitted Use Licence includes the Schedules and Appendices hereto.

 

1.2.5 “Deletion Date” means the date specified in the Digital Loan Agreement by which all Files in your possession or control must be permanently destroyed or deleted from Your computer or Your system and If no date is specified in the Digital Loan Agreement.

 

2. Planned Exploitation / Purpose of and Artworks to be Licenced, Permitted Use

 

2.1. The Lender agrees to lend the Borrower the Artworks, for the Approved Purpose specified in the Appendix. The Borrower agrees to use the Artworks only for the Approved Purpose and not for any other purpose which has not been approved by the Lender in writing

 

2.2. The Lender reserves the right to withdraw all or any of the Artworks from the Loan Agreement at any time if the Borrower has not complied with the terms and conditions of this Agreement or if any other reason necessitates its withdrawal which is beyond the reasonable control of the Lender

 

2.3. The Borrower will ensure that any Artworks are deleted by the deletion date stated in the Loan Agreement. Any extension to this date shall require the Lender’s prior written agreement.

 

2.4 You shall have the right to reproduce an Image for Planned Exploitation only in strict accordance with these Terms and Conditions and the Approved Exhibition Purpose specified in the Appendix

 

The reproduction rights granted under this Digital Loan Permitted Online Use Licence are (unless otherwise agreed by Us in writing):

• strictly limited to the Planned Exploitation stated in the appendix and confirmed in Our Confirmatory Email; 

• Personal to You and not assignable by You to any third party with the exception of the hosting Platform(s). 

  • The hosting platform must not claim image ownership or any additional use rights in any form of works published on its Platform. 

  • You and the Platform(s) shall have the right to create a single instance of the digital Image; and make the digital Image available to view by Users as part of the Digital Loan Permitted Online Use Licence only in strict accordance with the Approved Purpose.

  • Duplication, storage or transmission in any form (analogue or digital) of any Image is strictly forbidden unless by specific written permission from Us except where such is incidentally and wholly necessary to the production process. At the conclusion of such production, all intermediate copies of the Image must be destroyed. 

• You hereby agree to only allow Users access to the Platform under the following conditions:

  • the Platforms will be prohibited from allowing the Image to be used or downloaded by any third party including the User. The Borrower shall use its best endeavours to ensure that image capture and downloading of the Artworks by the general public is prohibited. 

  • the Users will only be allowed to view the Image

  • no electronic copies of the Image shall be made except for the purpose of viewing the Image as part of the Platform, involving the making of only a single instance of each Image unless specified in the Approved Purpose.

  • The Platform(s) or the Users shall not be entitled to assign or sub-licence its rights to use the Service. 

 

The Service shall be provided in such a way that: 

• the Users will not be able to make any electronic or printed copies of the Images

• the File and the original Image shall be recorded and held on an electronic database under the Client’s and the Platform(s) as designate in the Planned Exploitation, control only

• The reproduction rights granted under a Digital Loan Permitted Use License are (unless otherwise agreed by Us in writing) non-exclusive reproduction rights for single instance only in the United Kingdom. 

• it will not be possible to augment, alter, manipulate or adapt the digital Image or copy of the digital Image in any way, during the normal use of the Service; and 

• the digital Image shall be accompanied by a notice prohibiting any form of reproduction, transmission, performance, display, rental, lending or storage in any retrieval system, without the consent of the copyright holders. 

• You hereby assign to Us any copyright and similar rights throughout the world in any digitisation of the Images created by or for You for the full term of such copyright and similar rights including extensions and renewals and undertake to complete all forms and execute all documents necessary to perfect any such assignment. 

• You must provide Us with access to approve of the Service on which the Image appears at least 2 weeks before the Image is made available to the public as part of the Service for the necessary curatorial approval. This Service will show the final exhibition layout. We reserve the right to request access to the virtual exhibition at an earlier date. 

• You must credit the reproduction of any Image with the artist’s name, the painting title and the acquisition credit line, and use the wording ‘ © The National Gallery, London’ every time an Image is reproduced and adjacent to it. The credit line must be immediately visible or one click away. In case of doubt You should confirm the credit line with Us in advance of publication. If You fail to credit the Image as specified an additional 50% of the original licence fee will be payable by You within 30 days of issue of Our invoice. 

• Any reproduction of an Image must be a true representation of the original work. We may, at Our discretion, withhold the right to reproduce the Image if the quality of the reproduction falls below any standard as set out by ourselves. 

• Images may not be altered, augmented, added to or have any part deleted without Our prior written consent or as specified the Approved Purpose/ Planned Exploitation. Applications to reproduce a detail of a work will be considered. If permission is granted, the picture credit must include the wording ‘a detail from’ or ‘augmented from.’ 

• At the Deletion Date You and the Platform(s) must permanently destroy or delete from Your computer and Your system and any computer or system controlled by You all copies of the File by the Deletion Date or the expiry of the Permitted Use/Online Use Licence term, whichever is later and, at our request, provide us with evidence of any such deletion/destruction.

 

Any Exploitation outside the terms granted by Us constitutes an infringement of copyright and also a breach of these Terms and Conditions entitling Us to rescind this agreement and claim damages. You must indemnify Us in respect of any claims, damages, costs or expenses We incur arising from any reproduction of any Image supplied to You. 

 

We reserve the right to refuse any Order that You place for a Permitted Use Licence or a Online Use Licence at Our discretion and We will have no obligation to provide You with any reasons for so refusing. 

 

3. File transfer, framing, presentation and photography

 

3.1. File Transfer: The Lender agrees to transfer the files through The File Transfer Method specified in the Appendix. 

 

3.2 If specified in the Appendix, Artworks will be presented in digital frames meeting artwork specific requirements.

 

3.3 Unless otherwise specified in the Planned Exploitation, Any presentation must be a true representation of the original work in accordance with the scale and dimensionality of relative assets in the presentation. 

 

4. Borrower’s obligations

4.1. Save for those costs which the Lender agrees to bear (as stated in the Loan Agreement) the Borrower will be responsible for all costs of borrowing

 

4.2. The Borrower will comply with (and ensure that its agents and contractors comply with) the File Handling and/or Display Requirements (if any) specified in the Appendix.

 

4.3. With the exception of the Platform specified in the Planned Exploitation the Borrower will not lease, transfer, share or send the Artworks to any third party save with the prior written consent of the Lender.

 

4.4. Unless otherwise stated in the Loan Agreement, the Borrower shall be responsible for the quality and security of digital asset and display of the Artworks on the platform

 

5. Sale 

5.1 The Borrow is to ensure the platform does not allow for the sale of artwork or reproductions thereof or otherwise post the artwork within a sales environment. All features related to the sales of artwork, digitally or physically, are to be hidden and disabled.  

5.2 Any revenue from the planned exploitation including digital event ticket sales is to be included in the Planned Exploitation. 

6. Entirety 

6.1 This Agreement is the entire Loan Agreement between the Lender and the Borrower and shall supersede or subsume any previous discussions, agreements and understandings whether in writing or otherwise. 

 

7. Assignment, Transfer and Sub-Letting 

7.1The Borrower shall not assign, transfer or sub-let any of its rights or obligations under the Loan Agreement without the prior written consent of the Lender other party.

 

8. Force Majeure

8.1. Neither party shall be liable to the other by reason of any failure or delay in performing its obligations under this Loan Agreement which is due to Force Majeure, where there is no practicable means available to the party concerned to avoid such failure or delay. For the avoidance of doubt the Lender is not responsible if an event or exhibition is cancelled and the Borrower may wish to insure accordingly. 

8.2. If either party becomes aware of any circumstances of Force Majeure which give rise to any such failure or delay, or which appears likely to do so, that party shall promptly give notice to the other party of those circumstances and shall inform the other party of the period for which it estimates that the failure or delay will continue. 

 

9. Term and Termination 

9.1. This Loan Agreement shall come into effect on the date hereof and shall continue in force until the Borrower satisfies all of its obligations hereunder. 

9.2. Lender shall have the right at any time by giving notice in writing to the Borrower to terminate this Loan Agreement immediately if the Borrower: 

9.2.1. is in material breach of any of the provisions of this Loan Agreement and in the case of a breach capable of remedy, fails to remedy the same within 14 days of receiving a written request to do so; 

9.2.2. has a trustee, receiver, administrative receiver or manager or other similar officer appointed in respect of all or any part of its business or assets 

9.2.3. has a petition presented or convenes a meeting for the purpose of considering a resolution or takes any other steps for its winding up or for the making of an administration order; 

9.2.4. ceases to carry on business 

9.2.5. suffers an event analogous to any of the foregoing under the laws of any other legal jurisdiction.

 

10. Consequences of Termination 

10.1. The termination of this Loan Agreement for whatever reason shall not affect the accrued rights and liabilities of each of the parties prior to such termination. 

10 .2. Upon expiry or earlier termination of the Loan Agreement the Borrower undertakes to immediately delete  Artworks. 

11. Service of Notices and Communications 

11.1. Any notices to be given by one party to the other shall be given in writing by letter, or by facsimile or by email confirmed by letter addressed to the Parties as stated in the Loan Agreement. Any notice shall be deemed to have been served as follows:- a) If personally delivered, at the time of delivery; b) if sent by registered first class post, at the expiration of 48 hours after the same was delivered into the custody of the postal authorities; c) if sent by air mail, at the expiration of seven days after the same was delivered into the custody of the postal authorities; d) if sent by facsimile transfer or e-mail at the expiration of twelve hours after the same was despatched (provided that proof of despatch of can be produced). 

11.2 Proof of postage and/or delivery shall be obtained by the party sending the notice.

 

12. Variations 

12.1. Any variations after the date of this Loan Agreement shall only be effective with the written consent of both Parties. 

12.2. The Loan Agreement and its Schedules and Appendices contain the entire agreement between the Parties and replaces and supersedes any prior agreement arrangement or understanding, written or oral 

 

13. Representations and Warranties 

13.1. The Parties acknowledge and agree that neither of them has made any representations or warranties except such as are specifically set forth in this agreement. 13.2. It is expressly agreed and declared that the Lender shall not be liable to the Borrower for any loss of profits, loss of contracts, loss of markets or loss of opportunity that may be suffered by the Borrower in connection with this Loan Agreement, howsoever caused. 

 

13. Dispute Resolution 

18.1. The Parties shall attempt in good faith to negotiate a settlement to any dispute arising between them out of or in connection with the Loan Agreement. If any dispute cannot be resolved by the parties between them either party may give the other party 7 days' notice (hereinafter the "Notice of Mediation") to resolve the dispute or difference through Mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed, the Mediator shall be nominated by CEDR. 

 

14. Contracts (Rights of Third Parties) Act 1999 

14.1. The Parties hereby confirm that, notwithstanding any other provisions of this Loan Agreement, nothing in this Loan Agreement is intended to confer on any person any right to enforce any term of this Loan Agreement which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999. 

15. Waiver 

15.1. Failure by either Party to this Loan Agreement to assert its rights in relation to any breach of this Loan Agreement shall not be deemed a waiver of such rights, nor shall any such waiver be implied from the acceptance of any payment and no waiver with respect to any right or rights shall extend to or effect a waiver of any substantial breach. 

 

16. Severance 

16.1. Each provision of this Loan Agreement shall be construed separately. . If the commercial basis of this Loan Agreement is substantially altered or affected by the deemed deletion of any provision, the Parties shall modify the remaining provisions of this Loan Agreement as may be necessary in the circumstances.

 

17. Jurisdiction 

This Loan Agreement shall be governed and construed in all respects in accordance with the Laws of England and Wales the Parties hereby submit to the exclusive jurisdiction of the English and Welsh Courts.

 

 

Appendix

Specifications

Reproduction Credit Requirement

You must credit the reproduction of any Image with the artist’s name, the painting title and the acquisition credit line, and use the wording ‘ © The National Gallery, London’ every time an Image is reproduced and adjacent to it. In case of doubt You should confirm the credit line with Us in advance of publication. If You fail to credit the Image as specified an additional 50% of the original licence fee will be payable by You within 30 days of issue of Our invoice. 

Supply of Files / File transfer method

Files will be supplied in the format and size detailed in Your Planned Exploitation. 

You must permanently destroy or delete from Your computer and Your system and any computer or system controlled by You all copies of the File by the Deletion Date or the expiry of the Permitted Use/Online Use Licence term, whichever is later and, at our request, provide us with evidence of any such deletion/destruction

 

All Digital Loan Permitted Use Licences must include:

1. Full list of Artworks requested quoting physical object numbers

2. Approved Exhibition Purpose / Planned Exploitation

 

With any Digital Loan Request You make We must receive full details of Your Contemplated Exploitation or Planned Exploitation as appropriate (which You undertake will be honest and provided in good faith) along with the date on which You intend to begin, or would begin, any such Exploitation

 

Formal applications need to be submitted and approved for all loans, regardless of previous discussions with staff at the lending museum. Some museums expect formal requests to be addressed to the director, others to the curator or registrar. The institution’s loans policy should make it clear to whom applications should be addressed. The formal request should include: 

• Title of the exhibition

• Platform(s)

• Exhibition Dates 

• Date file is required (Usually 1-3 months before the exhibition)

• Deletion Date of all files

• Organiser’s name, address and contact details 

• Scope of the exhibition

• Type of loan - digital/physical

• A complete list of the objects requested, where possible quoting object numbers 

• Format and size of object file requested 

• Reasons for inclusion of the objects 

• Who is responsible for preparing the exhibition

• Whether a publication will be produced 

• Who has access to the digital experience? Is it digitally ticketed? 

• Completed UK Registrars Group digital facilities report including further details on the Platform(s) where possible 

Guidenance

Here we specify the default, most conservative uses of digital display of physical objects with notes and encouragement to seek unique uses as part of the Approved Purpose (Augmentation etc.) See 2.4 & Appendix. The following guidance addresses ways in which additional specifications or planned exploitations that are unique to XR might be requested and addressed. 

 

Handing and Display Requirements

• Lighting / Illumination of the artworks are to support their true representation.

• Frames

True representation 

To be added after meeting with curators

Example of Approved Purpose

Potential Approved Purposes 

The following would need to be specifically approved

• Display of a detail shot instead of complete work

• Multiple instances

• Augmentation / animation

• Medium conversion

​

Document of Misuse

​

The reasons to require curatorial approval of exhibitions after implementation are numerous. 

 

There are, also, instances where such creative hangings and “misuses” might have curatorial benefit and therefore should not be automatically forbidden.  It would be impossible to ever place a Van Gogh on the floor or to change its size or to hang 100 of the same artworks together.  It is, however, not impossible to imagine a curatorial reason for such digitally-enabled explorations.  

 

The approval of such uses therefore falls to the curator. 

 

The document below illustrates some common VR-enabled instances that would need to be specifically defended and approved in the loan’s planned exploitation, including: 
 

Position

- On the floor

- On top of another artwork

- Floating

​
 

Scale

Each system has a different way of inputting the dimensions of an artwork. Some take the usual cm/in and size the artwork accordingly, while others use a scale multiplier to enlarge or reduce the X, Y, and Z axes from the files.

​

Rotation

Three-dimensional spaces use the Cartesian X, Y, and Z coordinate system that allows the rotation of modeled elements. You can rotate an artwork altering the X, Y, and Z axes. It is also possible to rotate more than one axis at once. 

 

Duplicate

You can duplicate an artwork and present it more than once. 

​
 

Digital Facilities Report
 

As reference see physical facilities report here. 

The digital Image shall be accompanied by a notice prohibiting any form of reproduction, transmission, performance, display, rental, lending or storage in any retrieval system, without the consent of the copyright holders. 

This Platforms Facilities Report (beta) was devised by London’s National Gallery X in consultation with Gretchen Andrew Art LLC,  Vastari, King’s College London, Gazelli Art House, The Art Newspaper, Immersiv.ly, and Field Fisher.                     

The form will enable lenders to assess the practicalities involved in making digital loans of physical objects. It is intended to help both borrowers and lenders identify potential problems and reach agreement on how these can be resolved.                    

It should therefore be completed and returned as quickly as possible.                

The form is intended for use on all virtual and digital platforms, irrespective of level of customization, operation system, device or sophistication of technology. For this reason not all questions will be relevant to every borrower. However as a standard form it can be filled in once and updated for use with any future loan requests. Please complete the form therefore as fully and accurately as possible, adding any other information which you feel may be relevant. You should retain a copy for future use. 

 

Generic statement of “Planned Exploration” for platform:

To display the loaned artwork in a virtual digital space: in either virtual reality, augmented reality or mixed reality.

Lending Institution

 

Address

Contact

 

Position 

 

Telephone

 

Fax

 

Email

 

Lending Institutions Reference Code

 

 

Loan Platform

 

Hosting URL domain

 

Physical location of data server including image file

 

Possible to embed on 3rd party sites?

• Yes

• No

Also embedded at

 

Accessed via

• Web browser mobile

• Web browser desktop

• Downloaded mobile app

• Downloaded desktop

• Downloaded Oculus app store

• Viveport (for HTC Vive).

• Steam (for SteamVR games)

• Other

________________

________________

________________

 

Compatible VR hardware devices

• Oculus

• HTC

• Stream  

• Other

________________

________________

________________

Operates on

• Web

• Desktop

• Mobile

• Native Mobile

• Android

• IOS (iphone)

• Microsoft

• Other

________________

________________

________________

Accessible to

• All public with requisite technology

• Sign in required

• Password protected

• Members only

• Restricted domain

If “password” or “restricted” domain please specify

 

Is there a fee associated with accessing?

• Yes

• No

If “yes” please specify the amount

 

If “yes” please specify how the transaction is processed

 

What, if any, user data is collected by the platform?

 

Are the data policies in compliance with GDRP? 

 

Contact

 

Position 

 

Telephone

 

Fax

 

Email

 

Purpose of loan / title of exhibition

 

Dates digitally accessible 

​

1. Platform    

This section aims to create a picture of the type of environment in which loans would be displayed, as well as covering potential capabilities. 

Link to images/screenshots/media of digital venue

 

        

1.1 Is your platform purpose-built for fine art?                             

• Yes    

• No                            

1.2 If “No” please supply details (real estate, gaming, ecommerce etc.)            

2.When was your platform publicly launched?

3.1 What technologies is your platform built on? 

 

Database

 

Server/ Hosting

 

Development tools & languages

 

                                    

4.1 What is your planned update schedule during the course of the exhibition? 

4.2 Are all your updates backwards compatible?

• Yes    

• No    

4.3 Do you plan to launch or deprecate any features during the exhibition? Please specify.

4.4 What is your notification plan for planned/unplanned updates?

5.1 Has your platform been used and/or evaluated by any institution previously?

• Yes    

• No    

5.2 If Yes, please specify

6. Does your platform have a procedure to deal with cyber attacks?

• Yes    

• No    

If Yes please supply a copy            

7. In the event of an emergency who would be authorised to delete files from the platform’s server?                    

8.1 Does your platform allow images to be downloaded?

• Yes    

• No

8.2 Does your platform allow images to be embedded via a URL and/or iframe?

• URL

• iframe

• No    

8.3 Does your platform allow image files to be captured with built in screenshot capabilities?

• Yes    

• No    

8.4 Does your platform in any way facilitate the sharing of images?        

• Yes    

• No                        

8.5

If No to any of 8.1-8.3, please state where and how this is controlled

If Yes to any of 8.1-8.4, please specify and indicate which of these features can be disabled.     

9.1 Do you make routine inspections of data security?            

• Yes    

• No        

 9.2 If YES, please supply details

10. Does your platform allow for works to be sold?

• No

• Yes, can be disabled

• Yes, cannot be disabled

 

1. Digital venue / Exhibition area    

The information requested in this section will help lenders and borrowers decide which is the most faithful way of displaying a loan, as well as consider the practicalities of lending/borrowing problematic objects.        

Please attach screenshots and digital floor plans if applicable of the exhibition areas to be used, clearly indicating each separate space.    

                

1.1 How, if at all, does the exhibition area maintain a sense of relative scale? 

1.2 How, if at all, does the exhibition area assure works are displayed in a way faithful to their physical size?                     

2.1 Does your virtual environment mimic a gallery setting?

• Yes    

• No        

2.2. If No, please explain and provide additional screen shots

2.3  If digital walls are used, can the color or texture of these walls be modified from gallery white? If so, what are the options.    

2.4 Does your platform seek to replicate existing physical spaces? 

• Yes    

• No        

2.5 If YES, what method and tools do you use?

• Record physical space on site with 360 cameras

• Digitally construct using CGI

• Other, please specify

3.1 Are your spaces

• Template

• Customizable templates

• Custom

3.2 If “Customizable templates” or “Custom” please explain the process and variables of customization. 

4. Does your platform allow for hanging multiples of the same works?

• Yes    

• No        

5.1 Does your platform allow works to “float” not on a wall or plinth?

• Yes    

• No    

5.2 Does your platform have plinths or display cases? Please attach screenshots

5.3 If Yes, in what ways, if at all, are they customizable?    

6. Does your platform allow works to be hung on top of each other?

• Yes    

• No    

7. Does your platform allow works to be placed on the floor, windows, or other non clear areas?

• Yes    

• No                                                   

8. How does your platform handle non rectangular objects?                

9.1 How does your platform handle 3D objects? 

• Accept 3D modles (attach information on format required)

• CGI construction

• Mapping

• Presents them as flat

9.2 What is your procedural and technical process for displaying 3D works?

• Add: Accept 3D scans, to be uploaded by platform team via back end

• Add: Accept 3D scans, uploaded to front end by end user

• Add: Other

10. How does your platform handle multimedia files such as animations, videos and sound works?            

11. Does your platform have a min/max individual and total exhibition file size for smooth and effective use? 

• Yes    

Min file:

Max file: 

Max exhibition:

• No    

12. Does your exhibition area have ambient sound?                    

• Yes, it is optional or cuostomizable

• Yes, it is always playing

Please provide a link to the sound file.    

• No    

 

1. Lightning

1. Lighting is:

• Fixed

• Customizable

2.  How is lighting of objects determined?

3. How are shadows created?

 

1. File Access and Display Process

1.1 Who requires access to files to get the works onto your platform?

• Users upload the files themselves

• Files are sent to a member of the platform team

1.2 If “Files are sent to a member of the platform team” who has access to these files, what methods are used to transfer them, and what, if any provisions are in place to ensure they are not shared or otherwise used for other purposes?         

2. Who is responsible for hanging/displaying the works including the position?

• End users displays works through software interface

• Member of the platform team must display works             

3. Who is responsible for deleting the files at the agreed to deletion date?

• End users displays works through software interface

• Member of the platform team must display works        

4. How is a deletion of a file or exhibition certified?          

4.1 Does the end user of your platform have the complete ability to permanently delete images and files uploaded to your platform?

5. What, if any, responsibility does your platform take for the legal use of files on its platform?

 

1.  Intellectual Property 

1.1 Who retains the legal intellectual property of: 

The exhibition

 

Video or animation captures of the exhibition 

 

Still captures of the exhibition 

 

The uploaded files

 

 

1.2 Please specify any IP your platform retains in regards to completed exhibitions:

2. Can the platform fulfill the requirement of adjacent display of:

• Artist’s name

• Work’s title

• Acquisition credit line

• Image-based logos of the file owner, lending party

3. How and where are the rights of the file’s owner displayed? 

 

1.  Publication Process

1. Does the platform allow for draft access for approval before publication?    

• Sign in or password draft

• Hidden URL

• No drafting

2. Is the exhibition accessible via platform enabled search or home page?

• Optional

• Automatically

• No

    

1.  Augmentation             

1. Does your platform allow for augmentation of artworks

• By visitors to the exhibition

• By designer of the exhibition

• No

2.1 Do your platform allow for artworks to:

• Animate

• Change size

• Be virtually hung in the digital visitor’s own physical space

• Be altered by digital visitors

• Be manipulated by digital visitors

• In any part deleted by digital visitors

• In anyway be adapted by digital visitors

2.2 If any of the above are checked, please specify

3. What is the process of designing augmentation on your platform?

                    

Signed:___________________________   Name:____________________________

 

Position:__________________________    Date:_____________________________

 

Please be sure to include all requested attachments such as:

• Floor plans

• Security plan

Recommended provision to digital loan agreement specific to this platform: