Ok - one thing about the photography of buildings and people.

If you are on a public street or in a public space - shoot away. Pretty much any building, object, person, or place is fair game from a public vantage point.

If you are attending an event or are in a place via an admission procedure then you are subject to the institution's or event's rules. Just posting these on a wall usually isn't enough - they are usually printed on the back of the ticket and also on the web sites, etc. Usually in these you waive your rights for use (for instance if a museum photographer shoots you and your family onsite) and you also can have your ability to photograph restricted (such as no photography in galleries).

The best way to guarantee this is to train your front line staff in your photo policies and also in how to diplomatically apply them. Think about cell phone cameras - and I have seen guards at a prominent museum quietly tell folks to put those away.

In your photo policies you have to strike a balance between visitor access and use (because people love to take photos) and any preservation concerns and controlling the use of images of your site or objects.

Anticipate and educate

Cheers!
Dave

David Harvey
Senior Conservator
Los Angeles, CA

On Tue, Apr 14, 2009 at 9:00 AM, Christian Darkin <[log in to unmask]> wrote:
hi
Curiously enough I've heard the Eiffel Tower used as an example to photographers -  the building itself isn't subject to any copyright,but if you took the picture at night, the light-show created around it is an artistic work that's subject to copyright - so it depends on when you take the photo.

I've never heard of a case brought though!
 
Christian
Animator:  www.anachronistic.co.uk
 
-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]] On Behalf Of TOdd Bothel
Sent: 14 April 2009 16:38
To: [log in to unmask]
Subject: Re: [MUSEUM-L] Query About Photographs Taken On-Site

Since he took the picture during a visit to the museum as a tourist/visitor and not as part of a commercial venture under an agreement with the museum, I think that he has the right to do what he wants with it. I think that he has the copyright to the photo and can give it up if he is one of the winners.

It's great that he came back and at least asked the museum about what he should do, but I think that he can do what he wants with the image. I mean, if he took a picture of the Eiffel Tower, Mount Vernon, or the Grand Canyon and entered that picture in a competition, he doesn't have to ask their permission. I agree with the other person who said if the picture is title as "Blacksmith Shop at The Farmer's Museum" it will provide exposure to the museum. I also agree with the person who said work with the photographer on other projects.


-----Original Message-----
From: John Hart <[log in to unmask]>
To: [log in to unmask]
Sent: Tue, 14 Apr 2009 9:55 am
Subject: 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 publish0Athis 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
0A
PO Box 800
Cooperstown, NY 13326
P: (607) 547-1447
F: (607) 547-1406
 
 
 
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