[MCN-L] Use policies in museums

[Perian Sully]

Are we sure that MFA Houston is the bad cop? Perhaps the Robert Frank
estate (or their representatives) complained to MFA Houston who then had
to send a C&D to your friend.

Perian Sully
Collections Information Manager
Web Programs Strategist
The Magnes
Berkeley, CA


-----Original Message-----
From: mcn-l-bounces at mcn.edu [mailto:mcn-l-bounces at mcn.edu] On Behalf Of
Chuck Patch
Sent: Thursday, September 17, 2009 8:09 AM
To: Museum Computer Network Listserv
Subject: [MCN-L] Use policies in museums

This doesn't relate to anything specific, but as a long-time observer
without deep legal knowledge or economic understanding of the
licensing / copyright disputes among content creators, museums,
publishers etc. I'd be interested in hearing reactions to the
following situation. (Blame this post on Amalyah - I sent it to her
first and she suggested I post it to the list and so, with the
somewhat entertaining potential of throwing more fuel on the Ken Hamma
- museum copyright - paranoia fire, I will).

A friend of mine who writes a photography blog was recently instructed
to take down some videos from the MFA Houston that he had posted --
with credit and, I believe, links back to the museum site. I couldn't
help thinking that this seems to work against the best interests of
the institution. While it's true, as he admits, that he technically
infringed the copyright of the museum and probably should at least
have sought permission to post them on his (no doubt) money-losing
blog, I'm having trouble understanding how this act did anything other
than drive traffic and increase interest in the museum and the videos
themselves. Would this be a situation where a CC license would have
been more appropriate (and cheaper for the institution?) What do you
think?

Here's the post in which he presents the current situation:

http://2point8.whileseated.org/2009/09/11/takedown/

Chuck Patch
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