Copyright

Image from the Dwyer and McKay photograph collection of the Western Australian Museum History Department.

Copyright can seem like a daunting issue but it’s important to consider, especially when planning exhibitions and displays. As you may know, owning a photograph doesn’t mean the same as owning the copyright. Are you sure you own the images you hold? The donor of the photograph may not have owned the copyright so couldn’t transfer it to you! Here are a few questions that might help when planning to use copyright-protected materials in an exhibition:

• How do I plan to use the material? For instance, will I publish it in an advertisement or on an exhibition panel? Different uses require different permissions or payments.
• When was the material published? Copyright is different for different media: for example, copyright has expired in Australia for photos taken prior to 1 January 1955.
• Who owns the copyright? This may be the creator, or if the material was published in a book or newspaper, it may be the publisher. 
• How can I contact them to ask for their permission to use the material? If you found the material through a library or archive, they may have contact details for the copyright holder.
• Will I need to pay the copyright holder? Some copyright holders will waive fees for not-for-profit organisations, so make sure you mention that when you enquire.
• Do I need to acknowledge the copyright holder?

If you get permission from the copyright holder to use an image, it’s important to document this by keeping the email or letter. The permission will be specific to the use you’ve agreed upon, so if you want to use it again (for example in a brochure or poster) you’ll need to get permission for that separately.

The Australian Copyright Council website has many helpful resources, including factsheets on copyright  in museums and galleries; family histories and copyright; websites; and photography. The ACC also sell the book Galleries, Museums and Copyright.