My understanding of copyright law is that it is the "creation" of a work
rather than the "creativity" that is the issue.

So the act of snapping the camera shutter and in getting either a digital or
physical product from that suffices for copyright purposes - whether the photo
is of anything, is in focus, or has proper exposure, are all irrelavent. At
least in the USA.

It is an entirely different issue whether such an activity could be
considered a "work for hire" where the rights transfer to the employer - such rights
are usually spelled out in some detail in this sort of arrangement.

As far as the query about a researcher taking photographs and then publishing
them at a later date - that is trickier. The photographer created the images
and is therefore the "creator" and owner of those images. However, if a person
is depicted, or a specific object (property) that is not on public display at
the time, is used, without having gained releases from the person(s) or the
owner of the objects, I would think that the photographer could be held liable
for their publication without permission.

It is usually best to have policies and guidelines for researchers that are
presented and signed on before access is given to either documents or objects
in a cultural or arts repository - it is just common sense.

An even tricker question happens with Loan objects. Do most loan agreeements
convey releases and permissions and rights to the use of images by the
borrower? Are these rights limited or are all rights conveyed so that all the profits
from the use of that image belong to the borrower? What if visual rights are
not included in a loan agreement and an owner disagrees with the use of an
image of their property?

Cheers!
Dave

David Harvey
Artifacts
2930S South Birch Street
Denver, CO  80222
303-300-5257
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