ISEN-ASTC-L is a service of the Association of Science-Technology Centers
Incorporated, a worldwide network of science museums and related institutions.
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Michael,
Thanks for your sensible suggestions. With respect to Martin's other concerns. Using a photo of visitors at an exhibit, unposed, for a limited audience, like internal use, or like that in a professional paper or presentation, is also generally okay. It's not a commercial use, and it's very tiny invasion of privacy no different than being in a public setting, where your private actions are public by definition. All kinds of people take all kinds of pictures in museums and on the street. And one is certainly subject to being digitally captured in many, many public venues.
Using it for a specific purpose of publicity or broader distribution with commercial intent generally requires prior consent and permission. The exceptions are crowd shots whether inadvertent identification may be possible or not. If you can't positively identify the person from the photo and don't have any connecting information, I generally don't worry about it. It has very little commercial value to individuals involved.
If you are doing Federally or state funded research and collecting personal information about the subjects that's a whole other deal and needs to have an institutional IRB review. There are exemptions for educational research but these still need to be reviewed and justified.
Sometime back, I extensively talked with newspaper photographers, and ethicists about taking photographs and movies on the museum floor, for professional use and intent. I could find no consistent reference or policy statement. Each institution seems to arrive at its own policy and language.
This too would be a useful thing for ASTC to consider and make recommendations upon this with respect to institutional policy, and it should be broad and sensible.
C
On Apr 24, 2011, at 3:32 AM, Van Tiel, Michael wrote:
> ISEN-ASTC-L is a service of the Association of Science-Technology Centers
> Incorporated, a worldwide network of science museums and related institutions.
> *****************************************************************************
>
> Hi
>
> Photographers can take photos of people in a "public place" without permission for editorial purposes only. For example, you can take a photo of a family at an exhibition opening and it can appear in your Museum newsletter or in your local paper etc with the a caption saying "A family enjoying the newly opened science exhibition". The use of the photo is related to what they were doing in the photo.
>
> Even though it may be the best photo you have ever taken it cannot be used to advertise the exhibition on a bill board in Times Square or as an advertisment in the same local paper without getting permission from the people in the photo first. The same goes for all other types of publishing.
>
> I use 2 simple rules:
> 1. If I was in the photo would I want it to be used in the way I will be using it.
> 2. If I have time to make people pose, I have time to get permissions. But if I can't I make sure the I can't see their faces or any identifiable features such as tattoos or emblems on the uniforms of school children.
>
> I hope this helps.
>
> Cheers
>
> Michael
>
> Michael Van Tiel
> Producer, Family and Community Experiences
> Powerhouse Museum, Sydney
>
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> -----Original Message-----
> From: Informal Science Education Network on behalf of Martin Weiss
> Sent: Sun 24/04/2011 6:49 AM
> To: [log in to unmask]
> Subject: Fair use of pictures of visitors to museums
>
> ISEN-ASTC-L is a service of the Association of Science-Technology Centers
> Incorporated, a worldwide network of science museums and related institutions.
> *****************************************************************************
>
> We all have taken pictures of exhibitions we have developed or are
> developing in science museums.
>
> Is there a blanket rule regarding their use without having obtained
> permission? Is it permissible to use them in a talk? Is it permissible to
> use them on a web site or another publication? Are museums considered a
> public space where you have right to take pictures and use the images as on
> a public street?
>
> Sources would be helpful.
>
> Martin
>
>
> -----------------------------------------
> Martin Weiss, PhD
> Science Interpretation, Consultant
> New York Hall of Science
> mweiss at nyscience.org
> 347-460-1858
>
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Charles Carlson
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