Museums and Instagram: the moral right issues of visitor photography

Research output: Contribution to journalArticle

Abstract

The art museum is a space for quiet contemplation of art — or is it? Visiting a gallery recently, I noticed a new dynamic at play. People weren’t looking at the paintings — they were looking at the paintings through the lens of their camera phones. I saw this repeated in every museum and gallery I attended: the ubiquitous spectre of visitor photography. The museum selfie has become part of the gallery experience. Did you even go if you didn’t chronicle the experience for social media? Anyone who has visited a museum or gallery in the last 10 years has likely seen other visitors taking pictures. In most cases, the issues surrounding visitor photography may be set out on a simple sign or on the back of a pass that visitors may or may not notice. This gives rise to several issues that lawyers should think about when advising artists and institutions: copyright implications of reproducing art online, moral rights of attribution and false attribution when individuals post art online, moral right of integrity, especially when art is changed before being posted online.
Original languageEnglish
Pages (from-to)2-6
Number of pages5
JournalIntellectual Property Law Bulletin
Volume35
Issue number1
Publication statusPublished - 2022

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