I think that he has the copyright to the photo and can give it up if he is one of the winners.
>snip<
The photographer does have copyright to the photo that he took; but, this isn't a copyright issue. Rather, it's an image use issue, and the Farmers' Museum policy is that photography is permitted, so long as the images are for non-commercial use. By taking the photo, the visitor made himself subject to that policy, even if he wasn't aware of it (ever try to get out of a speeding ticket by claiming not to know the speed limit? Did it work?). Granted, having a signed form to that effect would be more legally compelling, but rules are still rules--the fact the visitor came back to ask permission indicates he was aware of some restriction on the use of his image.
The Farmers' Museum does have the right to control how images of its site are used, and has publicly expressed their policy on this. The visitor/photographer cannot give the sponsors of the photo contest the right to use the image however they choose, because he himself does not own that right.
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Tim McShane, Assistant--Cultural History
Esplanade Museum
401 First Street SE
Medicine Hat, AB T1A 8W2
Tel: (403) 502-8587
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