Yes, a painting can be used in a game when the rights for both the artwork and the particular image file cover the intended use. Those are related but separate checks: a painting may be in the public domain while a museum’s image of it has its own label, terms, or restrictions. Identify the exact asset, read its terms, confirm that the game and its distribution are covered, and keep the permission or rights record with the asset.
How game developers license and adapt paintings for interactive projects
Start with the specific painting and the specific file you plan to put in the game—not just an artist’s name or a museum collection page. Rights can depend on the artwork’s status, the image provider’s terms, the proposed use, and the countries where the game will be distributed. These checks are practical guidance, not jurisdiction-specific legal advice; where the answer is uncertain or the use is significant, consult a qualified lawyer familiar with the relevant territories.
Can I use a museum painting in my game, and do I need a separate license for the image?
Sometimes, but do not assume the painting’s status settles the image question. A public-domain artwork and a digital image of that artwork are distinct things to check. A provider may offer a particular image under open terms, identify it as restricted, or state other conditions. Nor should you assume that a museum owns every reproduction of a work in its collection.
The Metropolitan Museum of Art (The Met), for example, distinguishes images of works it believes to be public domain or for which it waives copyright from images it knows to be copyrighted or otherwise restricted. For qualifying public-domain works marked with its Open Access icon, the museum says the images are available for unrestricted use at no cost under CC0 and its website terms. That policy does not mean every image on The Met’s site—or every museum image—is open for every use.
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How to clear a painting for a game
1. Identify the artwork and exact asset
Record the artist, title, date, collection or institution, image provider, and the exact image URL or asset ID. Save a copy or screenshot of the rights label and terms shown for that file, along with the date you checked them. If the provider offers several files or resolutions, record which one the project will use.
2. Check the label and provider terms
Look for the rights statement attached to the individual image, not just a general collection description. Note whether it names a license, requires attribution, limits uses, or directs you to request permission. Read the linked terms that apply to the image and confirm that the file you download is the one covered. When the label is unclear or missing, ask the provider rather than treating silence as permission.
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3. Match the terms to the actual game use
Describe what the asset will do in the product and how the product will reach players. If a license or permission is needed, ask the rights holder or licensing agent to confirm the scope in writing. These are practical points to clarify, not a universal list of clauses that every license must contain:
- Interactive use and changes: whether the painting can appear in a playable scene, and whether cropping, recoloring, animation, compositing, or stylization is permitted.
- Release and distribution: whether commercial release is covered, which platforms and territories are included, and how long the permission lasts.
- Ongoing content: whether updates, downloadable content, ports, and later editions are covered.
- Promotion and player activity: whether use in trailers, other marketing, streams, or user-generated content is included or needs separate permission.
- Credit and notices: the exact attribution, copyright notice, or other credit the game must display or include.
Do not infer from permission to reproduce a still image that a particular adaptation or player-facing use is also covered; get the scope confirmed.
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4. Request permission when needed
For restricted or unavailable images from The Met, its Image and Data Resources page directs requests 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 are reviewed case by case, may involve additional fees, take at least six weeks, and can be denied. These details describe The Met’s process, not a standard used by all museums.
Make a request useful to the licensing contact: identify the exact work and file, explain the planned game and changes to the image, list platforms and territories, and describe release, updates, promotion, and any user-generated or streaming context. Ask which uses are included, what must be credited, and whether any restrictions, duration, or renewal conditions apply.
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5. Save the rights record with the asset
Keep the source, asset identifier, rights label, terms as checked, correspondence, signed permission or license, required credits, and any restrictions or expiry dates in the project’s asset records. This gives the team a reliable basis for build, marketing, updates, and later platform releases. WIPO’s 2022 guide for video-game developers highlights the importance of understanding copyright and contracts that determine ownership of creative content in games.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.How The Met’s image routes differ
The Met’s published policy illustrates why the specific file and route matter. Its Open Access policy was implemented on February 7, 2017. The museum’s current Image and Data Resources page says more than 406,000 high-resolution images of public-domain artworks are available to download, share, and remix; the page does not give a publication year for that count.
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| Route | Artwork and image terms | Use and availability | Fees, timing, and approval |
|---|---|---|---|
| Qualifying Met Open Access image | The work must be eligible and the specific image must carry The Met’s Open Access icon. The Met says qualifying images are available under CC0 and website terms. (The Met, Image and Data Resources) | The Met describes these images as available for unrestricted use at no cost; verify the icon and terms for the exact file. (The Met, Image and Data Resources) | The page describes qualifying images as available at no cost. A separate application or approval process is not stated for this route. (The Met, Image and Data Resources) |
| Restricted or unavailable Met image | The Met says some images are known to be copyrighted or otherwise restricted. Check the particular image and request terms rather than assuming it is covered by Open Access. (The Met, Image and Data Resources) | Requests go to Art Resource, The Met’s primary partner for worldwide licensing fulfillment. New photography is reviewed case by case. (The Met, Image and Data Resources) | Fees depend on proposed use and image availability. New photography may incur additional fees, takes at least six weeks, and can be denied. (The Met, Image and Data Resources) |
For either route, retain the terms you relied on and confirm that they match the actual game release. The Met’s policy is an example of one institution’s approach, not a universal museum rule.
Why the target territories matter
Games combine different creative elements, including software and pictorial works, and countries do not necessarily classify or treat video games in the same way. WIPO’s 2013 comparative study, Study on the Legal Status of Video Games, describes varied national approaches; it is useful background, not a substitute for current advice in the territories where a game will be released. If a license has geographic limits, or the image’s status is uncertain in an important market, get qualified local advice before distribution.
A digital-licensing example—and what it does not establish
An MFA Boston announcement described a partnership with Spaceport to make selected collection works available for digital licensing in contexts including Roblox, Fortnite, and metaverse projects. It is an example of a museum exploring interactive uses for selected works, not evidence that the program remains active, that all works in the collection are available, or that a particular game use is covered. Confirm current availability and terms directly with the institution or licensing contact.
WIPO’s resources for game developers include Mastering the Game: Business and Legal Issues for Video Game Developers (2022) and the 2013 comparative study of video-game legal status. They provide broader context on contracts, copyright, and differences among legal systems; neither replaces checking the rights for the particular artwork, file, and release.
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