Hello Melissa:
A few thoughts on your questions...
 
My understanding is that the researchers would normally own copyright to the images they take, so it is important for the museum to have a written agreement (a legally-binding contract) with researchers that formally asserts the institution's interests. Such an agreement with researchers might state that the images
    --may only be used for reference or showing to students;
    --may not be published or posted on the web without written permission (research photos are often not of sufficient quality);
    --photos must be marked or labeled "For Reference Only--Do Not Duplicate--Not for Publication";
    --many researchers voluntarily agree to sign copyright of their images to the museum, and in this case you should have a 
        copyright form for them to sign, and ask for the images to be labeled with the copyright info . 
   
The museum might have a hard time denying the publication--or charging a publication fee--for a "research" photo if the researcher possesses the image and owns copyright. The museum may legally have little control of images of collections items if someone else owns copyright. The museum can more easily limit conditions on the care of collections during photography, and one of the basic standards is to use existing images whenever possible (to eliminate risk and wear and tear on the collection). We have a large collection of publication quality images for which we also own copyright. If new images are necessary, we don't let just anyone come in with all their equipment and start shooting. We try to use staff members whenever possible--people who are used to working with museum objects to minimize the risk (also, copyright stays with the museum). If the museum hires a non-staff photographer on contract, the resulting photographs may not fall under the museum's copyright under "work for hire". This must be spelled out in the contract.  
 
Fees for research photography are to be avoided, in my opinion. I would be embarrassed to charge a researcher for an activity that often benefits the museum. Most researchers share new information about the collection, and are going to use the photos they take to further knowledge and disseminate information. Some museums have asked researchers to provide copy prints or slides of every image they take, which could amount to a fairly large cost to the researcher. Most researchers I work with are on very tight budgets.
 
Steve Henrikson
Curator of Collections
Alaska State Museum  
 
 
 
   
-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]]On Behalf Of Melissa Smith Levine
Sent: Thursday, May 27, 2004 11:56 AM
To: [log in to unmask]
Subject: Photography of Collection Items by Visiting Scholars

Does anyone have formal policy or procedure that they can share on the following:

 

We have visiting scholars who wish to have reference images of items they work with here to support their scholarship.  We are not in a position to produce the necessary reproductions quickly or inexpensively.  We are thinking about letting them take their own snapshots - digital or otherwise.  This would be for their own scholarly activity - not subsequent reproduction.

 

A few problems: realistically, many of these images in time would end up in unexpected places - probably w/o proper credit.

 

Further, most of the images will probably be of low quality - we would not want them to be assumed to be OUR photo. 

 

We've also heard that some museums charge a fee (modest) to scholars to allow them to take photographs while visiting?  What is the basis of such a practice? 

 

We really do want to let scholars have the reference images they need - any thoughts on how to balance these concerns?

 

Thanks in advance - feel free to email me directly if you prefer not to respond to the list.

 

Melissa Smith Levine

Associate Director, Finance & Administration

The Wolfsonian - Florida International University

1001 Washington Avenue

Miami Beach, Florida 33139   

Tel 305-535-2655

Fax 305-531-2133

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