A given photo has been used in a PhD thesis, and permission has been granted for that use by the gallery who owns the painting. What is the legal situation if that thesis was then to be disseminated?
Answer There are several answers to this depending on the situation. Not enough information is given in the question…. If the gallery owns the copyright in the painting and the photograph, and permission was only granted for use of the photo within the PhD thesis (giving limited dissemination), then it would be an infringement of the copyright in the photo and the original painting to disseminate the thesis beyond the original permission given. If the gallery does not own the copyright to the painting (it is out of copyright), but does own the copyright in the photograph, then again this is an infringement of copyright in the photo if the PhD thesis is disseminated further. If the gallery does not own the copyright in the painting (it is out of copyright), and the photograph was taken by the PhD student (with permission from the gallery), then the copyright in the photograph is owned by the creator. Permission would have to sought from the former PhD author to disseminate this photo
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