This policy statement is made up of four parts, namely;
Photographic and Recording General Policies,
Special Considerations Policies,
Image Use Agreement for “Individuals at Events”, and
Image Use Agreement for “Youth 13 and Under”.
This policy requires all persons engaging in photographic or recording events while visiting Kilby Historic Site to have read and signed off on the appropriate ‘Image Use’ agreements as outlined herein.
It is the desire of the Fraser Heritage Society as operators of the Kilby Historic Site [KHS herein] that all visitors in the spirit of cooperation remember that picture-taking-behaviours can be annoying to others sharing the exhibits and are known to be harmful to certain exhibits due to light degradation from flashes, etc. If you have any doubts, please ask and/or arrange an alternate time for photographic pursuits.
There are other considerations such as the publicity rights of others and media awareness regarding younger children that are overriding stipulations.
Finally, KHS must be accredited in all cases as the source and in situations where monetary consideration is given KHS must be paid according to the Commercial Use Agreement agreed upon before ‘photo shoot’.
The Fraser Heritage Society and its employees at the Kilby Historic Site are charged with the legal execution of the following;
Still photography is permitted for private, noncommercial use only. Photographs can NOT be published, sold, reproduced, transferred, distributed, or otherwise commercially exploited without permission of KHS
Personal video cameras are permitted unless otherwise stated.
Subject to prior approval, members of the press may photograph or film within designated areas of the Museum for the purpose of news coverage that includes KHS as the subject.
All members of the press must contact the marketing department firstname.lastname@example.org or call 604-796-9576 prior to arrival at the site. A designated employee must accompany members of the press Please schedule at least one day in advance.
Commercial and Special Photography
KHS charges a fee for all filming and photography intended for commercial purposes. Site fees are also charged for using the Museum as a setting for other projects not considered personal snapshots or editorial coverage by the press. Fees vary based on the details of each project.
Filming and photography scheduled to occur outside of normal business hours will be considered a special event and prices will vary accordingly.
KHS reserves the right to approve final content for anything in which the Museum or its properties will appear either by name or by visual representation. For books, films, video or other projects, KHS must receive details of any dialogue, written content or any other accompanying information for review prior to approval. KHS reserves the right to decline any request for any reason including any project management believes could reflect negatively or affect its accreditation status or curatorial reputation.
A contract and a 50% non-refundable deposit are required before any special arrangements will be approved. Please make arrangements at least one week in advance
Disclaimer Concerning All Photography
KHS makes no representations or warranties concerning the subject matter of such photographs. To the extent that such photography incorporates the likenesses of individuals or depicts copyrighted materials, the photographer shall have the sole responsibility for obtaining any necessary releases or consents to use such likenesses or materials.
By entering KHS, the photographer agrees in whole with the Canadian interpretation of copyright law Furthermore it is agreed that accreditation to ‘Courtesy of : www.kilby.ca’ will be made on the published face of any and all photographs, video or other media works.
No further rights are granted unless agreed to in advance—photographs for private use or research do not confer rights for reproduction of images by any means, including photocopying. Copyright remains with KHS.
One copy of any and all published materials shall be given to KHS at no cost for inclusion in the collection.
Canadian law allows for “Fair Use” under specific conditions, if the images are subsequently used without permission that user may be liable for copyright infringement. KHS reserves the right to refuse any copy order which in the judgment of the board would violate copyright law.
This document is the companion to the ‘Kilby Use Agreement’ and is held to be accepted in whole by any person, company, or rights holder upon entry to KHS and will be in full effect unless other written agreements are in place.
Benches, plants and signage must not be moved or altered without prior consent.
PHOTOS OF CHILDREN OTHER THAN YOUR OWN
KHS is committed to providing a safe and enjoyable environment for young people. Implicit to this commitment is the absolute requirement that all publications, resources and media represent participants appropriately and with due respect. **IF AT ANY TIME EITHER THE PARENT/CAREGIVER OR THE YOUNG PERSON WISHES NOT TO BE INCLUDED IN ANY PHOTO SITUATION; YOU MUST COMPLY**
In all cases, to ensure compliance;
Ensure parents/guardians/young person have granted their consent for the taking and publication of photographic images and have signed and returned the Image Use Agreement-Youth 13 and Under.
All young people are appropriately dressed for the activity taking place.
Photography or recording should focus on the activity rather than a particular young person and personal details which might make a young person vulnerable e.g. exact address.
Photographs should be representative of the diverse range of people when possible.
Anyone taking pictures or recording events must have a valid reason for doing so and seek the permission of the person in charge. Anyone taking photographs or recording must identify themselves if requested by KHS personnel.
All concerns regarding inappropriate or intrusive photography should be reported in confidence to KHS staff.
For further information or to make photographic arrangements please contact:
JO-ANNE LEON, Executive Director
Kilby Historic Site