Dear Shana,
Your use of images via Flicker based on the photographer's common cause rights allowance is clearly understood. The fact you are a museum might have a bearing on "fair use" as described by US copyright laws, but never assume this. Following the Creative Commons's licensing requirements negates the question of fair use.
Practically, a photograph of people in a public place requires no special permission because there is no expectation of privacy. This would include, say, a photo of children playing in a city playground. And you might be reasonably safe in using such an image via Flicker. However, if the focus is on the children and if they could be recognized (your small photo size is avoidance language) you would be foolish not to get permission. Each response has made good suggestions in terms of process (setting up photo shoots) and tool (permissions). An additional option would be to contact the Flicker account holder to find out is they have permission's. This might result in a conversation concerning use and potential cost; keep in mind that just because you are a museum you have no special right to an image.
Paul Stromdahl
Chief of Exhibits
Illinois State Museum
On Wed, May 18, 2011 at 1:50 PM, Shana West
<[log in to unmask]> wrote:
Hi all,
I'm working on an exhibit about/for children and want to use images of
them on a few panels. I was considering flickr, and I realize it's
legal for museums to do so, but then I got concerned about model
releases. Parents tend to be pretty protective of their children's
images. I recall a horror story I heard in an exhibition course about
a museum having to take down an exhibit because a visitor sued. The
images are small (6" x 4" tops).
My museum doesn't have a policy on model releases, but we don't rely
on fair use when it comes to copyright issues. We tend to buy stock
images or use creative commons-licensed images.
Thoughts?
Thanks,
Shana
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Norman Paul Stromdahl
Curator, Chief of Exhibits
Illinois State Museum
206 251 6354 (M)
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