“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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