“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.”
What kind of photography competition is the visitor entering?
Most that I know of are fine art competitions, not commercial ones. The publication
of winning photographs from the competition in a fine arts photography competition
might make the local paper or newsletter but would not be used commercially. Assuming
this is fine arts competition and not a commercial one (which can be checked by
the museum by finding out what organization is holding the contest), then it’s
a fine art photograph and not subject to the restriction given by the museum.
From: Museum discussion
list [mailto:[log in to unmask]] On Behalf Of Timothy McShane
Sent: Tuesday, April 14, 2009 12:05 PM
To: [log in to unmask]
Subject: SPAM-HIGH: Re: [MUSEUM-L] Query About Photographs Taken On-Site
TOdd Bothel [log in to unmask]>
4/14/2009 9:38 AM >>
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.
------------------------------------------------------------
Tim McShane, Assistant--Cultural History
Esplanade Museum
401 First Street SE
Medicine Hat, AB T1A 8W2
Tel: (403) 502-8587
[log in to unmask]
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