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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