Obtaining permissions can be a morally and legally ambiguous problem. If you DO NOT have permission, the creator(s) might be upset and you could get in legal trouble. But, if you DO ask for permission, the creator(s) might post about your event on their social media account or tell their friends about it, usually it's a win-win scenario!

So how do you obtain a creator's permission? How should you contact them? What happens if you can't contact the author? What happens when you want to exhibit a big title? Who is responsible for getting the permissions? These are all questions we must consider when tackling this part of the curation process.

The best way to avoid any potential legal or ethical conundrums is to ask permission from the artist before exhibiting their work. Anyone on your team may initiate this process, but using someone near the top of the hierarchy (like a chief curator, rather than an intern) will produce better results.

As soon as you have decided you would like to include a game, reach out to the copyright holder (creator, publisher, studio, or all three) to ask their permission. This will give them the maximum amount of time possible to respond. You can do this through email, social media, or their website, but having your correspondence through email makes it feel professional and is extremely helpful for your records. In your initial message, introduce yourself and your organization (if applicable), then explain the exhibition’s purpose/theme as well as how/why the game will be displayed. Make sure express your appreciation of their game! Finally, include logistical details about the exhibition, such as the timeline and location.

Usually, obtaining a signed document from the creator is unnecessary, as the written permission through the email is typically enough.

If you do not hear back (which will often be the case for larger projects like AAA games), or if you cannot figure out how to contact the creator at all, it is up to you whether you want to still exhibit the game, as legally you are allowed to, but it is in a moral gray area.

The exhibition of video games, like other artistic media, is usually covered under Fair Use. This means that a copyrighted work can be displayed for educational purposes, which museum and gallery exhibitions fall under. So, under most circumstances, you will not fall into legal trouble for displaying a video game itself.

That being said, the game in question must be acquired through legal means (i.e. not pirated) and, except in cases in which this is impossible, displayed on actual consoles (i.e. not emulated).

You are NOT allowed to make these games available and playable online under almost any circumstances, but you are permitted to use images or videos of any games in promotional materials. This is covered under the same regulations that allow Twitch streamers or YouTube creators to use gameplay footage and images, but be aware that you will likely run into the same issues these creators often do, so it is wise to avoid things like cutscenes or certain copyrighted songs the games may use.

From a legal as well as a moral standpoint, it’s always important to give credit where credit is due. It is necessary to include the name, year, platform, and studio name / creator's name(s) for every game you exhibit. If you are highlighting a specific aspect of the game (e.g. its soundtrack), name the specific creator(s).

If you are using an in-game screenshot or gameplay footage, credit the person who captured it. If you use an image from/of a game in promotional materials, mention the title of the game.

Leland Heller, John Wanamaker

John Wanamaker