Category Archives: Collections

Photography, Permission, and Fair Use: Where Museum Policies Get Complicated

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Do I need permission to take photos of a guided tour in a museum?

In the previous posts in this series, I looked at visitor codes of conduct, visitor photography policies, and commercial or media photography policies. Those policies are becoming more visible because photography is no longer a simple matter of “Can I take a picture?” A single image can be a personal memory, a social media post, a teaching tool, a scholarly document, a news illustration, a commercial asset, or evidence in a public debate.

This final post turns to the more complicated issues: fair use, copyright, photo releases, privacy, and ethics. As a reminder, I am not a lawyer, and this is not legal advice. Museums should consult an attorney when writing policies involving copyright, image permissions, privacy, publicity rights, releases, commercial use, or contracts. My purpose here is to identify common points of confusion that arise when museums, visitors, writers, teachers, scholars, and photographers try to understand what permission is needed and from whom.

I encounter these questions in my own work. As someone who photographs museums and historic sites for this blog, teaching, consulting, and research, I occasionally wonder: should I ask permission from the museum before publishing a photograph of an exhibition? Do I need a model release if visitors appear in the background? Is it appropriate to photograph a historic house where people still live nearby? Does it matter if I am writing criticism, promoting the museum, or using the image in a paid presentation?

These questions are often confused with a different issue: what museums need to do when they use images of visitors for their own promotional purposes. A visitor taking a photograph in a gallery, a museum using a child’s image in a fundraising campaign, and a company filming a commercial in a sculpture garden are not the same thing. They raise different legal, ethical, and managerial questions. Policies should be clear enough that frontline staff can explain them without being expected to interpret copyright law, privacy law, or fair use on the spot.

Four Issues That Often Get Confused

Photography policies often blend several distinct issues:

  • Copyright: who owns the rights to the artwork, photograph, exhibition label, design, film, or other creative work that appears in the image?
  • Access: what conditions did the museum place on photography as part of admission, ticketing, visitor conduct, or use of its property?
  • Privacy and publicity: are identifiable people shown in the image, and is their likeness being used in a way that requires permission?
  • Ethics: even if a photograph is legally permissible, is it respectful, accurate, safe, and consistent with the museum’s values and the dignity of the people, places, and stories involved?
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When Museums Become Backdrops: Managing Commercial and Media Photography

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Wedding photo taken at the Cincinnati Museum of Art. Credit: Sherri Barber Photography.

In the previous post in this series, I looked at visitor photography policies: whether visitors can take pictures, where they can take them, what equipment they can use, and how museums distinguish casual personal photography from behavior that disrupts the visitor experience. But there is another side to museum photography policies.

When photography moves beyond ordinary visitor memory-making, the questions become more complicated. A museum gallery, historic house, a picturesque barn, sculpture garden, or historic landscape can quickly become a backdrop for someone else’s project: a wedding shoot, fashion session, graduation portrait, influencer campaign, documentary film, news segment, advertisement, stock photography shoot, or corporate video. That shift changes the issue. The question is no longer simply, “Can I take a picture?” It becomes: who benefits from the image, what resources are being used, what risks are created, and how is the museum’s name, space, collection, or reputation being presented?

As with the earlier posts, this is not a scientific or comprehensive study. I reviewed a selection of commercial, media, and photography policies from museums and historic sites to identify patterns in current practice. I am not a lawyer, and this is not legal advice. Museums should consult an attorney when developing policies involving copyright, releases, insurance, contracts, filming agreements, or commercial use. My interest here is in how these policies reflect museum management, visitor experience, institutional risk, and revenue. Just a warning: this is a loooong post because of the complexity of this topic—and I’ll only be touching the surface.

From Visitor Photography to Site Use

The most useful distinction is between photographing a museum and using a museum as a setting. A visitor photographing a child in a gallery, a favorite object, a historic room, or a garden path is usually documenting a visit. A photographer staging an engagement session, fashion shoot, commercial, product video, or sponsored social media post is using the museum as a resource. Those are different activities. They require different policies.

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The Clip Economy and the Case for One-Minute Museum Videos

Screenshot from “The Clip Economy is Eating Everything” by the Atlantic.

I was recently listening to a podcast from The Atlantic—“The Clip Economy is Eating Everything”—where Charlie Wartsall interviews business writer Ed Elson about the rise of short-form video. Their argument is straightforward: the dominant unit of media is no longer the article, the podcast, or even the YouTube video. It’s the clip.

That stuck with me and I’m uncomfortable.

Much of what rises to the top in this “clip economy” is not especially thoughtful or constructive. And yet, it’s how many people are now consuming information—not through television, books, newspapers, museums, or even longer-form digital content, but through YouTube Shorts, Instagram, and TikTok. Whether we like it or not, this is the environment our audiences are living in.

While I’ve been producing content for this blog for more than fifteen years, a few years ago I began producing YouTube videos. Based on research on the attention span of viewers, I aimed for a six-minute length but yikes, those take me days to produce. I don’t do it frequently so editing is slow, narration has to be re-recorded when I inevitably trip over a sentence, and assembling images into something coherent takes real effort.

So I decided to experiment.

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Using AI on a 500-Year-Old Page Changes Where Curatorial Expertise Begins

Objects to be sold in an auction house include a box filled with framed prints.

I bought the box for $30.

It was a brown cardboard box at a local auction filled with framed prints and miscellaneous ephemera. The sort of lot you bid on partly out of curiosity and partly because, if you’re lucky, you might discover something interesting. I did—it was a framed page from a 500-year-old German book.

As a historian, I enjoy reading. But more than that, I love books as objects. Their design, typography, and material presence give me tremendous joy. I got the bug in college in a federal work-study position in the rare books and special collections department of the library, where I learned how much evidence a single page can hold: paper quality, typeface, layout, illustration style, and wear patterns can all reveal a story before you even understand the words.

This page immediately caught my attention.

The typeface was Gothic, clearly German, probably around 1500. But the illustrations were strange. Instead of familiar late-medieval imagery (saints, cities, plants, kings) one woodcut showed a man lying in bed while another pressed a knife to his neck. Another showed a dining table with people seated around a severed head on a platter. Huh?

It was unmistakably early printed material, but not religious, political, or medical.

In other words: a cool mystery.

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Who Does What? Clarifying Roles for Nonprofit Boards and Staff

One of the most common challenges for nonprofit organizations—whether museums, historic sites, or community groups—is understanding who does what when it comes to decision-making, planning, and day-to-day operations.

Board members sometimes worry they are getting too involved in management or don’t know enough about what’s going on. Staff members, on the other hand, can feel their authority is being questioned when board members step into operational details. Yet when everyone understands their distinct responsibilities, organizations thrive.

We would never expect a new volunteer to suddenly step into a historic house and deliver a flawless tour. They need orientation, resources, and time to develop their skills before they feel confident leading visitors.

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A Clever, Adjustable Book Cradle at the Folger Library

Rare book nerds, this post is for you. During a recent research visit to the Folger Shakespeare Library in Washington, DC, I came across an ingenious book cradle designed in-house by the paper conservators. It’s a simple yet sophisticated solution for supporting large or heavy bound volumes without stressing their spines—especially helpful for researchers working with oversized books in the reading room.

At first glance, it looks like a typical cradle, but it’s fully adjustable. Two triangular supports, covered in blue buckram cloth, can be moved farther apart or adjusted to change the angle, accommodating the size and shape of the book. Weights help stabilize the book on the cradle, while a brown felt mat underneath provides friction to prevent the supports from sliding.

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The VRIO Framework: Looking Inward, Thinking Forward

When I was chatting with John Wetenhall, director of the GW Museum, he mentioned a business analysis tool I had never heard of: VRIO. It was a surprisingly lively conversation about whether this corporate framework could apply to museums and historic sites—and it piqued my curiosity. Developed by Birger Wernerfelt in his landmark 1984 article “A Resource-Based View of the Firm,” and later refined by Jay Barney in “Firm Resources and Sustained Competitive Advantage” (1991), VRIO offers a way to evaluate whether an organization’s internal assets truly contribute to long-term success. The acronym stands for Value (does it help the organization exploit opportunities or neutralize threats?), Rarity (is it scarce among competitors?), Imitability (is it difficult to duplicate or substitute?), and Organization (is the organization structured to fully leverage it?).

What began as a theoretical framework for corporations turns out to have practical potential for cultural institutions as well. Tools like logic models and Porter’s Five Forces are helpful, but what about the museum’s internal capabilities? How do we know if our collections, staff, or community ties are truly strategic advantages? Two articles by Paul Knott at the University of Christ Church (New Zealand) offer guidance by critically examining the popular VRIO framework—and how it can work better for cultural institutions.

Insight #1: Strengthening Strategy with an Expanded VRIO Model

In “Integrating Resource-Based Theory in a Practice-Relevant Form” (2009), Knott builds on the traditional VRIO model—Value, Rarity, Imitability, Organization—to create a more actionable and dynamic approach. He emphasizes that internal resources (like a museum’s brand, reputation, or community partnerships) are only strategic if they are used under the right conditions. Critically, he introduces a matrix that shows how the same resource can be a strength, weakness, missed opportunity, or rigidity depending on how it’s managed. This is a significant improvement over the traditional SWOT exercise because it requires you to evaluate each asset or resource with specific questions.

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Exciting News: Expanded Services for Museum and Historic Site Management

At Engaging Places, we are committed to helping museums and historic sites engage audiences and preserve our shared heritage. We are excited to announce the expansion of our services to include collections stewardship documents that align with the ethics and professional standards set by the American Alliance of Museums, as well as governance materials—essential tools that equip their board members with the necessary knowledge and resources to govern effectively and advance the organization’s mission.

These new services are led by Mary van Balgooy, Vice President of Engaging Places. Mary brings extensive experience as an executive director of both local and national nonprofit organizations and as a collections manager for history museums and historical societies of all sizes. Her expertise allows us to offer customized solutions tailored to each organization’s unique needs. Whether you are a newly established nonprofit or a long-standing institution, we will provide the necessary documentation and best practices to support your collections management and equip your leadership team with effective governance tools. Learn more about Mary’s impressive background here.

Services Provided:

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Decolonization in London Museums: A Firsthand Look at Progress and Challenges

During my recent visit to several London museums, I was struck by the growing emphasis on decolonization. As a museum professional, I’ve been following this movement for some time, but seeing these efforts firsthand inspired me to reflect on the challenges and progress being made. Some London museums are actively re-examining their collections and narratives, working to address the complex legacies of colonialism in tangible ways, and both Royal Collections and the National Trust have staff members specifically focused on this issue. But others have a long way to go.

If you’re not familiar with decolonization, it’s the process of rethinking and revising interpretations that have historically favored the perspective of a dominant power, such as an imperial empire over a colonized nation (like Great Britain and India). However, decolonization goes beyond the empire-colony dynamic, addressing any situation where one perspective is elevated due to power imbalances. For instance, terms like “prehistory” suggest a time without history, labeling settlers as “pioneers” overlooks the people who were already living in those areas, and describing conquering armies bringing “civilization” implies they were superior to the existing cultures. Words shape our perceptions and carry significant consequences, influencing relationships across race, gender, and other social divides. Decolonization helps us recognize and correct these biases, leading to more inclusive and accurate narratives.

For an example of a museum waiting to undertake a re-examination of its exhibitions, consider Osborne House (operated by English Heritage), the country palace of Queen Victoria and Prince Albert. The displays in and around the Durbar Room discuss Britain’s relationship with India. The exhibitions include a panel about Maharaja Duleep Singh and that “his properties and treasures, including the Koh-i-Noor diamond, had to be surrendered in return for a pension from the British Government” and feature gifts sent from India to Queen Victoria to “show their loyalty to the queen.” The history is far more complex and this exhibition emphasizes only the British perspective and continues a mythology of India’s grateful subservience to the Queen.

1. Re-examining Collections

Many London museums are conducting in-depth reviews of their collections to identify items acquired during the colonial era. This process includes acknowledging the contexts in which objects were collected, often under unequal power dynamics. They are being more transparent about the provenance of key objects but contested ownership isn’t addressed publicly. Some examples:

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Interpreting Christmas Debuts to Enthusiastic Response at AASLH Conference

While I was traveling in England over the past few weeks, Interpreting Christmas at Museums and Historic Sites was released in print. The book made its debut at the American Association for State and Local History annual meeting in Alabama, where my co-editor, Ken Turino, was on hand to sign copies. We were thrilled to see the book sell out on the first day of the conference! It’s now listed on Amazon’s Hot New Releases for the “museum industry.” We are incredibly grateful for this positive reception. This project has been years in the making, and Ken and I (and the contributors!) are delighted to finally share this resource with you. A sneak peek at the table of contents and introduction is available.

If you missed out on purchasing a copy at the annual meeting or were unable to attend, you can order it online at Rowman.com or mail this order form. Use code RLFANDF30 at checkout to save 30%. This discount is available through September 2025. The book officially releases on September 20, so it should ship immediately when you order.

For those attending the New England Museum Association annual conference in Newport, Rhode Island, we’ll be presenting a panel discussion on Christmas on Thursday, November 7, from 11:00 am to 12:30 pm. Joining us will be Laurel A. Racine, Supervisory Historian and Program Manager for the National Park Service; Patricia West, recently retired Curator of Martin Van Buren National Historic Site and author of Domesticating History: The Political Origins of America’s House Museums; and David Rau, Curator of Visitor Engagement at the Florence Griswold Museum.

If you’ve had a chance to read Interpreting Christmas, we’d greatly appreciate a review on Amazon.com. Since history museums and historic sites are such a specialized field, your feedback can help others make more informed purchasing decisions.

Amazon’s Hot New Releases for the “museum industry“ for September 2024.