Tag Archives: Eastern State Penitentiary

When Museums Become Backdrops: Managing Commercial and Media Photography

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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NEH Announces $39M in Grants but Sites Fare Poorly IMHO

At the end of July, the National Endowment for the Humanities (NEH) announced $39 million in grants for 244 projects across 15 program areas (e.g., America’s Historical and Cultural Organizations, Landmarks of American History and Culture, and Sustaining Cultural Heritage Collections Grants).  NEH is the major federal source of funds for historic sites and house museums, so these grant announcements provide a sense of what’s happening in the field to see what’s innovative or excellent (or what attracts funding).  Some examples of grant recipients who are focused on historic sites include:

Chicago Architecture Foundation
NEH Program: Landmarks of American History, $172,393
Project Director: Jean Linsner
Project Title: The American Skyscraper: Transforming Chicago and the Nation
Project Description: Two one-week workshops for eighty school teachers on the
development of the skyscraper in Chicago and the relationship of skyscrapers to
urbanization.

U.S.S. Constitution Museum 
NEH Program: Landmarks of American History, $179,548
Project Director: Sarah Watkins
Project Title: The U.S.S. Constitution and the War of 1812
Project Description: Two one-week workshops for eighty school teachers on the naval War of 1812 and its most important and complex artifact, the United States frigate Constitution, anchored in Boston.

Wilderstein Preservation
NEH Program: Sustaining Cultural Heritage Collections, $50,000
Project Director: Duane Watson
Project Title: Planning for a Sustainable Preservation Environment in the Wilderstein Mansion
Project Description: A planning project to identify ways to create and maintain Continue reading