94-073 C.M.R. ch. 506, § 5 - PUBLICATION OF MUSEUM PHOTOGRAPHS

Current through 2022-14, April 6, 2022

A. Photographs for Educational Purposes
1. Publication of photographs taken of Museum collections is permitted for educational purposes, upon approval of the Director. Educational purposes shall mean the use of photographs in non-fiction books, magazines and periodicals, documentaries, public television, and news and public affairs/service programs.
2. Persons or firms wishing to publish photographs of Museum collections, taken either by Museum staff or by themselves, shall enter into an agreement with the Director, acting on behalf of the Museum. The agreement shall include, as deemed appropriate by the Director and legal counsel, the following provisions:
a. Indemnify the Museum and the State against any loss, claim or suit resulting from publication of the photograph(s);
b. Comply with all instructions or conditions concerning the name and identification of the Museum and/or any staff member, such as inclusion or exclusion of captions or credit lines, or specific credit or disclaimers of connection with the Museum;
c. 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. Photographs for Other Purposes
1. The use of photographs of Museum collections which may be specifically or uniquely associated with the Maine State Museum for advertising or promotional purposes is not generally permitted.
2. Exceptions to this prohibition may be made at the discretion of the Director in instances involving the interests of the State of Maine and in the State's support of educational or non-profit activities.

The Director may also approve the use of photographs or graphic reproductions of "generic" objects in the collections. Such items are deemed to be items that are not explicitly associated with the Museum collections or could not be recognized as part of the Museum collections.

Notes

94-073 C.M.R. ch. 506, § 5

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