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photo usage permission if photo was taken on private property

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D

dcapstone

Guest
What is the name of your state? I live in Minnesota but the the images we want permission to publish were taken at the Plimoth Plantation in MA.

I work for a children's book publishing company. I am working on a book about the Wampanoag. We are having difficulty finding images for this book, because there are not many sources available for past or present images. We are in contact with the person in charge of the Plantation's Wampanoag program. (Interpretative Program). She says that we need her permission to use any photograph taken on this property. No matter who has taken the photo. I have found out that the Plimoth Plantation is a non-profit, educational institution that is supported by admission fees, contributions, memberships, functions sales, and revenue from our dining programs/services and museum shops. The museum receives support from private foundations,. corporrations, local businesses, the Massachusetts Cultural Council and the National Endowment for the Humanities. It also consider a private, non-profit living history museum.

One of the photographer's, when asked about permission needed, said he understands that "any editorial usage is allowed without permission (that is for educational purposes and not for commercial postcards, etc.).

He also supplied some information from Ron Engh (www.photosource.com) that posted a question like this: If trademarks such as Disney Workd imagery can be published without permission. His answer was "if it is editorial - no permission is needed".

Does this also apply to us because we publish books that we sell, but are still editorial? Our books are not tradebooks.

We are feeling like we should be able to use Freelance photographer's images of the Plantation with out having to get their permission.
 



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