I know someone that ran into this problem.  They were having photos made of
objects from the museums collection for a book that the museum was
publishing.  they failed to complete a "work for hire" contract beforehand
that said the museum retained all rights and privaliges.  Later down the
road they wanted to use the images in another publication and the
photographer said they could not because he retained the copyright.
Rick
----- Original Message -----
From: "Timothy McShane" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, August 14, 2003 3:39 PM
Subject: Re: copyright re photographs


> You are correct--you would continue to own all copyright and property
> rights to the image, prints and negatives.  Any repository of the object
> that is the subject of the image would have a pretty tall order on it's
> hands if it tried to limit your use of such a photograph.
>
> Now, another sticky question to throw out to the group; if a museum
> allows a researcher to photograph objects from its collection, what
> right does the museum have to limit the use of those images?  The prints
> and negatives are clearly the property of the researcher, and as the
> photographer, the researcher has copyright over the images as well.  It
> seems to me that the only point of control here is whether or not the
> museum allows a researcher to photograph pieces from its collection.
> Even if the researcher claims the photos are for their personal
> reference and research, and has an agreement with the museum to that
> effect, if those images are published, does the museum have any
> recourse?
>
> Copyright law is full of knotty questions like this--my understanding
> is to get a clearer answer than "that's a good question" requires a
> court decision in each individual case.
>
> Cheers,
>
>
> ------------------------------------------------------------
> Tim McShane, Assistant--Cultural History
> Medicine Hat Museum and Art Gallery
> 1302 Bomford Crescent S.W.
> Medicine Hat, AB   T1A 5E6
> (403) 502-8587
>
> >>> [log in to unmask] 08/14/03 09:43AM >>>
>     I've been curious about something - if I owned an object and then
> sold it,
> I suspect I have rights over the photos I took of it at the time of my
> ownership.  Even if I sold or donated it to a museum with strict
> policies on
> the use of photographs of their property.  Any thoughts there?
>
>      -Carol
>
>
>
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