> I certainly understand the necessity for acquiring permission from the
> photographer, but is it really necessary to get a waiver from everyone
> who appears in a picture? What about photos of people at museum events?
> How would you even begin to identify and contact people after the event?
> I can't believe that newspapers, for example, do this. Exactly what are
> the legal risks?
>
In the course of my work in motion pictures the clearance of TM or
copyrighted material is an important issue. We contract with a "clearance
house" whose research and legal staffs do nothing but provide clearance of
featured material. My lay understanding has been that if the inclusion is
incidental and value free; that is, in the background and not featured, as
well as not disparaged in any way, that such representation is safe without
specific release by the owner. Such as a billboard seen thru the window of a
moving car and the like.

Additionally, the issues involved surround the gaining of commercial profit
from the unauthorized use of images, and therefore remedies generally
involve only the sharing of the income generated. Disparagement, directly or
indirectly may include other penalties.

I am dismayed though, to hear museum professionals, generally working in
goverrnment or non profit institutions whose functions are intended to serve
the educational and conservatory needs of the public, be so concerned with
the unauthorized use of their material. I would think you would be happy to
have images of your collections more widely distributed and your
interpretive material more widely read.

I know for myself, the main use I have had for copying and reproducing
images from the web has been for use in my children's homework. The
availibility of moderately high quality artistic, cultural and scientific
images online has been a boon.

So much of the positive that has come from the proliferation of richly
contented internet sites has been precisely because they are free and open.
How much harm to your institutions is really likely from the unauthorized
duplication and use of your material.  If it is used for commercial
purposes, then you have the right to demand a share in their profits.

My guess is that the overwhelming net result of making your material more
easily accessible online will be to greatly enhance your missions of
conservation and education, as well as promoting your brick and mortar
facilities and functions, and fostering goodwill in your communities.

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