I haven't read all of the posts on this subject, so I apologize if I repeat
something already said.  As I recall from the original post, the way this
particular on-line "exhibition" was discovered was by searching for the
museum's identifier, and finding the posted photos.  What seems to be
overlooked in this discussion of legal issues is that the museum was
credited with the images.  This is the web version of footnoting in a paper.
Effectively, it is free publicity and free marketing for the museum and for
the exhibition.  It really is not that different than if the museum had
published the images on their own web site, except that it provides broader
exposure.  In fact, it would seem that the museum would want to encourage
posting the images on as many web sites as possible.  The fundamental
purpose of an exhibition is to educate.  It really doesn't matter if that
education is in cyber-space or in the gallery.  I believe that seeing an
"exhibition" on-line is likely to drive more visitors to the museum to see
it in person than it is to keep them away.  But either way, you have
increased your educational effectiveness.  Perhaps you should put up a sign
encouraging visitors to take pictures and post them on-line?  Why see this
in a negative light instead of a positive one?

As for the issue of rights being violated, a simple solution would be to
have a release in your loan agreement with the owners that allows images to
be posted on the web if the object is included in the exhibition.  I would
imagine you would want that for your own purposes anyway.  Then if someone
else took a photo and posted it, you would be covered.  We are in a new
world of information management where control as we used to have no longer
is possible and has been decentralized to the individual.  So, why not
embrace it rather than fight it?

Marc

American Conservation Consortium, Ltd.
     4 Rockville Road
     Broad Brook, CT 06016
     www.conservator.com <http://www.conservator.com/>
     860-386-6058

> -----Original Message-----
> From: Museum discussion list [mailto:[log in to unmask]]On
> Behalf Of Timothy Atherton
> Sent: Monday, June 16, 2008 2:07 AM
> To: [log in to unmask]
> Subject: Re: [MUSEUM-L] Flickr abuse and copyright
>
>
> Replying as both a curator/archivist and as a long time
> professional photographer, basically you are in the middle of a
> whole can of worms... you've got photographer's copyright, you've
> potentially got the copyright of some of the objects photographed
> (and if they are protected by copyright or not), you have
> exceptions to copyright, you have property rights etc etc.
>
> Some aspects of copyright law fall in your favour, others don't.
> Also, your current photography policy has an impact on it all.
>
> This is complicated by - as someone pointed out - web 2.0 and
> what the reality of the situation is, as opposed to the legality
> (in good part, while many aspects of copyright law do still apply
> to what is happening on the internet, they are woefully
> inadequate and antiquated in terms of practical application).
>
> To actually take any kind of legal action on the situation you
> mention would most probably require deep pockets, among other
> things. What's most useful would be to deal with the
> practicalities of the situation - and as you mention, focus on
> your current policies. Decide what it is you are happy to permit
> and then try and craft things to enable that.
>
> As for Flickr, it's a community (among many other things - look
> at the archives that are placing whole photo collections there
> on-line). What this Flickr member is essentially doing is in part
> the digital equivalent of the old after dinner slideshow of "our
> trip the national gallery" (and with a digital camera, you aren't
> paying for film - so heck - why not take close-ups of the labels
> as well - saves you trying to remember them) - it's just that
> anyone can take a look if they want.
>
> But, this is just the start - take a look at this video from the
> TED talks about tagging, Photosynth and Seadragon.
>
> http://www.ted.com/index.php/talks/view/id/129
>
> Pretty soon, anyone who wants will be able to draw together all
> the pictures of your museum that are on the web and build a
> composite of the any exhibit they want - all it will take is for
> every visitor to take just one picture and then post it some
> where on line.
>
> From my viewpoint, in most cases (aside from someone blatantly
> trying to rip something off, appropriate it and/or make a bundle
> off it where that is explicitly forbidden by current copyright)
> it seems best to accept what's happening, embrace it and try to
> work with it. It's too easy to end up like King Canute otherwise.
>
> tim a
>
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