94-073 C.M.R. ch. 506, § 4 - PHOTOGRAPHY OF MUSEUM COLLECTIONS

Current through 2022-14, April 6, 2022

A. Public Photography of Museum Exhibits
1. Photography in Museum exhibit galleries for personal use is generally permitted during normal hours of public visitation, unless otherwise posted.
2. Photography of the exhibitions may be supervised, limited, controlled or denied by the Director, or his designee, if such activities would:
a. Pose a danger or inconvenience to Museum visitors;
b. Endanger the building or the collections;
c. Violate the terms of a restricted gift or loan or any other specific agreement between the Museum and a third party; or
d. Of itself constitute an illegal act.
e. Result in photographs being used for a commercial purpose without proper approval.
3. Persons applying to engage in photography of Museum collections may be required to enter into an agreement which shall specify, as determined necessary and appropriate by the Director, any or all of the following:
a. Indemnify the Museum against any loss, claim or suit resulting from the photographic activity;
b. Comply with all instructions given by Museum staff to ensure protection of the collections and to minimize disruption to Museum activities;
c. Secure, maintain or reimburse the Museum for adequate liability insurance coverage and other insurance specified by the director;
d. Pay any damages caused by the activities related to the photography and pay costs incurred to accommodate the photography such as electrical and extra staff time and security work;
e. Comply with all instructions or conditions concerning the name and identification of the Museum, such as inclusion or exclusion of captions or credit lines, specific disclaimers of connection with the Museum;
f. Comply with all applicable restrictions such as those which exist to protect copyright, trade rights, privacy interests or the terms of a loan, gift or other acquisition agreement.
B. Photography by Museum Staff
1. All photographs or other graphic reproductions of Museum collections other than photography of exhibits for personal use will be made by the Museum staff, unless specific exception is granted by the Director. Exceptions may be granted for photography employed as an information gathering device to be used by an individual doing personal research, subject to limitations concerning the safety and conservation of collections. If such photographs are to be used for other than personal reference, a separate request for photographic access must be submitted.
2. Requests for photographs or other reproductions must be submitted to the Director on a form designated by him.
3. Photographs will be provided as quickly as possible, consistent with other Museum programs and institutional duties and depending on the availability of selected staff.
4. The Director will establish, and adjust as needed, a fee schedule for all photographic or other copy work done by Museum staff. Fees will be payable in advance,. except through special arrangements with the Director.
5. All photographs prepared by the Museum will bear the Museum's copyright notice and may bear notice of the specific requirement or limitations for publication purposes.
6. Purchase from the Museum of any copyrighted photographs will not convey to the purchaser any rights of copyright.

Notes

94-073 C.M.R. ch. 506, § 4

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