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Subject:
From:
Audra Oliver <[log in to unmask]>
Reply To:
Museum discussion list <[log in to unmask]>
Date:
Thu, 14 Aug 2003 18:57:55 -0400
Content-Type:
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text/plain (61 lines)
" My question was not so much about copyright, as clearly any researcher who photographs a museum artifact owns copyright in that image. "

Sorry, not so clearly at all.  Court case (sorry don't have the citation) ruled that such a photograph cannot be copyrighted if it is just a reproduction of the original work.  You have to have something else going on - like people standing in front of it.  

I would say that if you had your photographer sign a contract about the use of the image then contract law would come in to play.  What does your contract say?  Does it say that in writing or was it a verbal agreement?  Depends on your contract.

 

>>> [log in to unmask] 08/14/03 05:40PM >>>
>>> [log in to unmask] 08/14/03 03:25PM >>>
Copyright implys creativity. How creative are those copy photographs?

Well, I know circumstance has forced me into photographing exhibits,
groups of artifacts and individual objects, even for my own research; it
always takes me a fair bit of time to set up lights, angles, etc., to
get the results I want/require, and they're still never as good as like
photos taken by more "creative" people.

But, perhaps I was misunderstood.  My question was not so much about
copyright, as clearly any researcher who photographs a museum artifact
owns copyright in that image.  Rather, it was more about the property
rights of the museum, and how far that goes in controlling images of its
collection pieces.  Once permission has been granted by the museum for a
researcher to take a photograph of an object, even with the clear
understanding that the photo was to be used for the researcher's
personal reference, what recourse might a museum have if such photos
later appear in publication?  Again, copyright and use of the images is
not a question, but does this violate the museum's property rights in
regards to the object thus depicted?

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

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