If i take photos of archaeological items in museums can i use them commerically without breaking copyright law

Question

I do not want to take pictures of art but of archaeological objects does this affect the copyright, surely if the museum has said one can photograph the items the photographs (of those items) are mine. The archaeological items in the museums belong to the British public and Museums are the caretakers of such items, surely that means I can use those photographs as I see fit. I know this does not apply to art work but would this apply to archaeological items?

Answer 1

It's strongly depends on the country/state laws. Additionally there are a few more factors:

1. The type of the item,
2. The age of the item,
3. If the museum or someone else has claimed ownership of the item,

And of course the most important one:

4. the value of the item.


Having said that look around for common examples of commercial "use" of archaeological items and you'll see that there are quite a few of them (i.e. documentaries/newsprints). Nevertheless, it's a a good idea to ask the curator of the museum or even better send a request in writing/email this way you can have a paper trail that at least you showed interest even if they completely ignore you (which is going to be the case most likely).

Answer 2

The short answer to your question is you should ask permission from staff (perferably senior staff or the curator him/herself) before you take any photographs. The very least you should enquire what the museums policy is on taking photographs of objects.

**I think the answer is NOT obvious. Yes! you should be able to take photographs for study purposes, such as for a degree theisis or for some other kind of non commercial, non profit making project. However, if you intend to publish your images of these objects then you would become subject to copyright laws, which is why I said earlier that you should ask what the policy is on taking photographs. If you made it clear to the museum what your intentions were i.e. to publish the images then my guess (and it is just a guess!!) is that they would refuse to let you take any photographs.

**Its NOT a question of who owns the objects, its more about your intentions in taking the photographs.

**PS:- I trained as a professional photographer many years back but I'm confident the law hasnt changed much if at all on this topic.

IR

Answer 3

Hmmm. I await the input of IP lawyers -- esp. British ones -- but it seems to me that as these are not copyrighted images or works (or rather the copyrights if any have expired a thousand years ago) your publishing the photos would not be a problem --- unless the terms of your admission to the museum (read your ticket, or membership agreement if any) prohibit you from doing what you're doing.

Answer 4

If the museum allows photography by visitors it assumes that visitors will use the photographs for personal purposes (including photographs of paintings). In general, you may use the photographs in non-commercial ways, including placing them on websites or Flickr or whatever. I suspect you might find yourself in trouble if you published a flashy coffee table book filled with the images. I'm no lawyer and can't presume to give legal advice. Searching places such as Flickr I find lots of images that match what you say you are doing.

Answer 5

It becomes propery rights issue, a state's right, and you have to get permission or negociate a fee.

If I, for example, an shooting a movie, like Mission Impossible and we stop on the street in front of your house and we can clearly see your house in the background, we are supposed to get permission to use that shot.

Answer 6

As long as photography is allowed by the museum then you will own the copyright of your pictures. It doesn't matter what they are of.

Answer 7

Ask the curator