You can use a painting in a game only after checking both the artwork’s copyright status and the rights terms for the exact image file you plan to use. A public-domain painting does not automatically make every museum photograph or downloadable file free of restrictions. Whether you need a separate image license depends on the image provider’s terms, the proposed game use, and the territories where you plan to distribute it.
How game developers license and adapt paintings for interactive projects
Treat rights clearance as a check on the source and the intended use—not as a yes-or-no decision based only on the painting’s age or subject. The Metropolitan Museum of Art (The Met), for example, distinguishes images of works it believes are public domain or whose copyright it waives from images it knows are copyrighted or otherwise restricted. That is The Met’s policy, not a rule shared by every museum.
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Artwork rights and image-file terms are separate questions
The underlying painting and a digital photograph or scan of it are distinct assets. Start by identifying the work, then inspect the rights label and terms attached to the specific image file. Do not assume that a public-domain label for a painting settles the terms for a file supplied by a museum, archive, photographer, or other provider.
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- Identify the exact asset. Record the artist, title, date, collecting institution or image provider, image URL or asset ID, and the rights label shown for that particular file. Save a copy or dated record of the terms you reviewed.
- Look for an expressly open image. The Met says images of eligible public-domain works marked with its Open Access icon are available for unrestricted use at no cost under CC0 and the museum’s website terms. Its policy page, accessed in 2026, describes more than 406,000 high-resolution images as downloadable, shareable, and remixable. The Met implemented its Open Access policy on February 7, 2017. Eligibility is image-specific: this does not mean every image on The Met’s site, or images at other museums, has the same terms.
- For a restricted or unavailable Met image, contact the stated licensing route. The Met directs requests for its restricted or unavailable images to Art Resource, its primary partner for worldwide licensing fulfillment. The Met says fees depend on the proposed use and image availability. Requests for new photography receive case-by-case review, may incur additional fees, require at least six weeks, and can be denied. These details apply to The Met’s process; check the current terms for any other provider.
- Do not treat a general permission as permission for every use. If the label or terms do not clearly cover the game and its distribution, ask the rights holder or licensing agent to confirm the scope before production or release.
Describe the complete game use when requesting permission
Give the licensor enough detail to assess the actual asset and release plan. These are practical questions to resolve in the agreement, not a universal list of legally required clauses.
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- Interactive adaptation: Is the painting included as a background, prop, texture, collectible, or another in-game element? Are cropping, recoloring, animation, compositing, or stylization permitted?
- Release scope: Does permission cover commercial distribution, the planned platforms, target territories, and the intended license term?
- Ongoing content: Are updates and downloadable content included, or would they require new approval?
- Promotion and community use: Does the grant cover trailers, screenshots, marketing, streams, and user-generated content? Confirm separately rather than assuming the game-use permission extends to them.
- Delivery and obligations: Confirm the usable resolution, any required credit or notice, restrictions, fees, approval steps, and renewal or expiry conditions.
Compare the available routes before committing to an asset
The right choice depends on more than whether the painting itself is public domain. Compare the exact file and terms against what the game needs; ask the licensor about any scope the published terms do not settle.
| Check | Eligible Met Open Access image | Restricted or unavailable Met image |
|---|---|---|
| Image status | Eligible image bearing The Met’s Open Access icon | Image identified by The Met as restricted or unavailable |
| Stated route or terms | CC0 and The Met’s website terms; The Met describes eligible images as available for unrestricted use at no cost | Request licensing through Art Resource, The Met’s primary partner for worldwide licensing fulfillment |
| Fees and availability | The Met states no cost for eligible Open Access images | Fees depend on proposed use and image availability, according to The Met |
| New photography | Not applicable to an already available image | Case-by-case review; may incur additional fees; takes at least six weeks and can be denied, according to The Met |
| Game-specific adaptations and distribution | Check the applicable CC0 and website terms against the intended use | Describe the proposed game use and confirm the permission’s scope with the licensing contact |
This comparison describes The Met’s stated routes only. For another museum or image provider, use the rights label and terms attached to that particular image; do not infer that its policy matches The Met’s.
Keep a rights record with the asset
Store the license or written permission alongside the image in the project’s asset records. Include the source, asset identifier and version, rights label, permitted uses, required attribution, restrictions, and any expiry or renewal information. WIPO’s 2022 publication Mastering the Game: Business and Legal Issues for Video Game Developers addresses business and legal issues for developers, including the importance of copyright and contracts that determine ownership of creative content in games.
Check the territories where the game will be distributed
A game combines multiple creative and technical elements, and national legal systems do not necessarily classify or treat those elements in the same way. WIPO’s 2013 Study on the Legal Status of Video Games describes differing national approaches and notes elements such as pictorial works and software. Use the intended distribution territories when assessing a license. For uncertain or high-value uses, get advice from a qualified professional familiar with the relevant jurisdictions; this overview is not jurisdiction-specific legal advice.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Museum licensing can also be designed for interactive use
An MFA Boston search result described an announced partnership with Spaceport to make selected collection works available through digital licensing for contexts including Roblox, Fortnite, and other metaverse uses. That example indicates one possible way a museum may offer collection works for interactive projects; it does not establish that the program remains active, that all works are available, or that its terms fit another game. Check the museum’s current information and the actual license before relying on such a route.
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