Open Forum

Hello All,

I'm looking for some advice, and thought this might be the perfect place to start. The museum I work at, the U.S. Marshals Museum, is currently in planning stages. We have begun exhibit design, and have begun to collect artifacts as well. We intend to tell the story of the U.S. Marshals Service from inception (1789) to present. The Marshals Service is still an active law enforcement agency. As such, we are being given photographs that depict people who are still alive, and some who are still active in the service. Out of common courtesy, I intend to notify people when we plan to use a photograph of them in the exhibits. 
My question is this: What are my legal obligations when it comes to showing photographs of people who are still alive? Are there any? (I have not previously worked in a museum dealing with contemporary topics and artifacts). What about instances where the person shown is deceased, but there are immediate family members still alive?

Any thoughts on this would be greatly appreciated. And just to clarify, I am not looking for feedback regarding copyright issues, just legal obligations of showing photographs of people who are still alive. 

Thank you!

Best,

-------------------------------------------
Jessica Hougen
Curator
U.S. Marshals Museum
Fort Smith AR
-------------------------------------------

Hi Jessica,

Yes, you have obligations to the persons depicted in the photographs. This falls under rights related to the contents of the collections. Essentially, the person depicted in a photograph may have rights to privacy or publicity regarding his/her image. Malaro and DeAngelis address this in A Legal Primer on Managing Museum Collections, Third Edition, which I suggest your museum obtain and reference. State laws on privacy vary, so seeking the opinion of a competent legal advisor is also prudent.

-------------------------------------------
Mary Ann Gabriel
Museum Collection Management and Care Specialist
-------------------------------------------



Original Message:
Sent: 10/7/2014 11:45:31 AM
From: jlhougen@usmarshalsmuseum.com
Subject: Legal use of photographs

Hello All,

I'm looking for some advice, and thought this might be the perfect place to start. The museum I work at, the U.S. Marshals Museum, is currently in planning stages. We have begun exhibit design, and have begun to collect artifacts as well. We intend to tell the story of the U.S. Marshals Service from inception (1789) to present. The Marshals Service is still an active law enforcement agency. As such, we are being given photographs that depict people who are still alive, and some who are still active in the service. Out of common courtesy, I intend to notify people when we plan to use a photograph of them in the exhibits. 
My question is this: What are my legal obligations when it comes to showing photographs of people who are still alive? Are there any? (I have not previously worked in a museum dealing with contemporary topics and artifacts). What about instances where the person shown is deceased, but there are immediate family members still alive?

Any thoughts on this would be greatly appreciated. And just to clarify, I am not looking for feedback regarding copyright issues, just legal obligations of showing photographs of people who are still alive. 

Thank you!

Best,

-------------------------------------------
Jessica Hougen
Curator
U.S. Marshals Museum
Fort Smith AR
-------------------------------------------

Thank you Mary Ann, I will order that book. I really appreciate the reply! Best, ------------------------------------------- Jessica Hougen Curator U.S. Marshals Museum Fort Smith AR -------------------------------------------
Original Message: Sent: 10-07-2014 12:15 PM From: Mary Ann Gabriel Subject: Legal use of photographs Hi Jessica, Yes, you have obligations to the persons depicted in the photographs. This falls under rights related to the contents of the collections. Essentially, the person depicted in a photograph may have rights to privacy or publicity regarding his/her image. Malaro and DeAngelis address this in A Legal Primer on Managing Museum Collections, Third Edition, which I suggest your museum obtain and reference. State laws on privacy vary, so seeking the opinion of a competent legal advisor is also prudent. ------------------------------------------- Mary Ann Gabriel Museum Collection Management and Care Specialist -------------------------------------------
Original Message: Sent: 10/7/2014 11:45:31 AM From: jlhougen@usmarshalsmuseum.com Subject: Legal use of photographs Hello All, I'm looking for some advice, and thought this might be the perfect place to start. The museum I work at, the U.S. Marshals Museum, is currently in planning stages. We have begun exhibit design, and have begun to collect artifacts as well. We intend to tell the story of the U.S. Marshals Service from inception (1789) to present. The Marshals Service is still an active law enforcement agency. As such, we are being given photographs that depict people who are still alive, and some who are still active in the service. Out of common courtesy, I intend to notify people when we plan to use a photograph of them in the exhibits. My question is this: What are my legal obligations when it comes to showing photographs of people who are still alive? Are there any? (I have not previously worked in a museum dealing with contemporary topics and artifacts). What about instances where the person shown is deceased, but there are immediate family members still alive? Any thoughts on this would be greatly appreciated. And just to clarify, I am not looking for feedback regarding copyright issues, just legal obligations of showing photographs of people who are still alive. Thank you! Best, ------------------------------------------- Jessica Hougen Curator U.S. Marshals Museum Fort Smith AR -------------------------------------------

I second referencing Malaro - excellent resource.

You might also want to think about long term licenses, releases or agreements you could get on file having either the individuals depicted or their family members. By signing some sort of release that grants the museum a certain set of permissions and uses this will inform your future uses without having to go back to them every time you want to utilize something. Similar in practice to getting a nonexclusive licensing agreement covering uses of copyrighted materials after a work or object is acquired. 

-------------------------------------------
Anne Young
Manager of Rights and Reproductions
Indianapolis Museum of Art
Indianapolis IN
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Original Message:
Sent: 10-07-2014 12:15 PM
From: Mary Ann Gabriel
Subject: Legal use of photographs

Hi Jessica,

Yes, you have obligations to the persons depicted in the photographs. This falls under rights related to the contents of the collections. Essentially, the person depicted in a photograph may have rights to privacy or publicity regarding his/her image. Malaro and DeAngelis address this in A Legal Primer on Managing Museum Collections, Third Edition, which I suggest your museum obtain and reference. State laws on privacy vary, so seeking the opinion of a competent legal advisor is also prudent.

-------------------------------------------
Mary Ann Gabriel
Museum Collection Management and Care Specialist
-------------------------------------------