John,
I think the wording of your policy opens you up to those gray areas. In
my understanding the photographer owns copyright since he created the
image, so he can do anything he would like with it. If you had a signed
agreement with him before he took the photo it'd be a different story.
Is your policy printed on anything that might be seen as a contract,
such as an admission ticket that he purchased? I think the best
approach is not to create hard feelings, especially if you don't have a
solid legal basis. Look for the benefit to the museum, such as asking
him to identify your site so you can get some publicity.
Kris Zickuhr
Registrar
Wisconsin Veterans Museum
________________________________
From: Museum discussion list [mailto:[log in to unmask]] On
Behalf Of John Hart
Sent: Tuesday, April 14, 2009 8:56 AM
To: [log in to unmask]
Subject: [MUSEUM-L] Query About Photographs Taken On-Site
Good Morning all,
I am looking for a bit of advice. We've been approached by a previous
visitor about entering an image that he took of our blacksmith at the
forge during his visit, into a photo competition. If he wins, he states
"the sponsors will have the right to publish this image for any
purpose."
The Farmers' Museum does have the following policy listed on its
website, under the Hours/Admissions page: "Photography and videography
are permitted in the museum buildings and on the museum grounds for
non-commercial use only."
I do not want to go so far as saying that we "own" the rights to this
gentleman's image, however, since he's now venturing into uncharted
territories for us, I am not sure how to proceed. Tell him to go ahead,
but TFM must be credited in all publications, tell him no because it
will be used for commercial purposes (at least it sounds like it), etc.
Any thoughts would be greatly appreciated.
Regards,
John
John Hart, Jr.
Assistant Curator of Collections
Interim Rights and Reproduction/Photo Sales Handler
New York State Historical Association
The Farmers' Museum
PO Box 800
Cooperstown, NY 13326
P: (607) 547-1447
F: (607) 547-1406
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