This section is a “lab” with several items in various stages of development. Nevertheless, we want to share them with you to keep you up to date. Please read the notes carefully and if you have comments or suggestions, please post them on this page so that everyone can read them. For more information, contact Terri Anderson (photos of collections), Tom Mayes (filming), and Max van Balgooy (photos of buildings and landscapes, and other uses) in the DC office.
Policies
Properties (which includes buildings, landscapes, or collections) owned by the National Trust for Historic Preservation are private, not public, and the National Trust does NOT permit photography of its properties except under certain conditions. Personal photography is allowed although each Site may determine when and where it is permitted and if additional fees are required (see Photography at National Trust Historic Sites: Public Notices for examples). Photography for editorial or scholarly purposes (e.g., newspaper article, magazine article) is permitted with approval from the Historic Sites Department and fees may be required depending on the extent of staff time required. Commercial or for-profit uses are only allowed with an application and a written agreement, and fees are required. Photography from the public right-of-way (e.g., sidewalk, adjacent road) is permitted for any purpose so long as it does not impede public use or safety (refer problems to your local law enforcement agency). The National Trust NEVER permits unrestricted use of images of its properties and assets and NEVER agrees to exclusive use of its images. These policies apply to all properties and assets (buildings, landscapes, and collections) owned by the National Trust unless superseded by other agreements with Site managers and operators, such as a Co-Stewardship Agreement or Lease. National Trust properties and assets are considered private property and all uses, whether commercial or not, without written permission will be referred to our Legal Department. Federal law protects the privacy of children, especially those under 13, so if you or a visitor are photographing children, please read the post, “Photographing Children at Historic Sites: Get Permission First“.
To assist Sites with communicating these policies, we have developed standard language for signs, publications, and staff training as well as a two-page handout for staff training (currently in draft form; we welcome comments).
Procedures
Because different types of uses (e.g. personal photos, documentary filming, advertising shoot) occur at Sites in a haphazard fashion, often on a very tight schedule, here are few tools to help you navigate the process:
A. Because “site photography” includes a wide definition of uses, first identify the type of request. Photo Request Types (2007) is a matrix showing the different types of uses (personal, non-profit, commercial) versus the different persons creating the images (applicant, NTHP, or a third party) to determine the appropriate form, agreement, and fees.
B. The process for handling photography requests are typically divided into two categories:
- Wants photographs from the site, either of the buildings or collections or historic images in the collections. Follow the Request for Images flowchart (July 8, 2009) and use Request for Permission to Publish Images Held by National Trust Historic Sites (with fee schedule) or Request for Permission to Publish Images Held by National Trust Historic Sites (without fee schedule). For assistance with images of the collections or historic images in the collections, contact Terri Anderson. For all other uses, including current images of buildings and landscapes, for publicity or editorial purposes, contact Max van Balgooy.
- Wants to photograph or film on site: Follow the Request to Photograph or Film flowchart (July 8, 2009) and use the Request to Photograph, Videotape, or Film application form. For assistance, contact Max van Balgooy. Major projects, especially video or motion picture, requires consultation with our Legal Department. This type of use is subject to two applications and two fees:
- the first to allow photography on site and pay for staff supervision (similar to a site rental). This step is crucial; without it, you may not be able to prevent the photographer from selling or publishing images of your site without any compensation to or permission from you.
- the second to allow use of the images in a publication, whose use fees will vary depending on the nature and extent of the use (e.g., ten thousand books, one billboard). A sample agreement license form for publications is currently in draft form and under review (but you can review it to see what we’re thinking and we’re open to suggestions; highlighted areas will be variable).
Fees
Fees not only reimburse the Site and National Trust for staff time and resources to process requests, but also provide an important source of unrestricted revenue to support the maintenance and care of the sites, especially if they are used for commercial purposes (it doesn’t make sense to allow others to profit from our work). Determining fees is complex and varies greatly because of the different types of uses and Sites. In general, Sites should develop their own written schedule of fees with the approval of the Vice President of Historic Sites. NTHP does not provide a standard schedule of fees just as it doesn’t provide a standard admission fee for tours. Fee are negotiable and can include other considerations of value, such as additional copies of publications, highest discount on resale purchases, or highly visible publicity for the National Trust, however, no less than 50 percent of the fee must be in cash.
In some cases it is also unclear who receives the revenue from the fees. Currently, fees for providing still photos of the buildings or collections are collected by NTHP. Fees for on-site filming are collected by the Site.
Resources
- Creative Commons is a non-profit organization that works to increase the amount of creativity (cultural, educational, and scientific content) in “the commons” — the body of work that is available to the public for free and legal sharing, use, repurposing, and remixing. Their tools give everyone from individual creators to large companies and institutions a simple, standardized way to grant copyright permissions to their creative work. The Creative Commons also provides ideas and language for describing the types of rights you may want to protect and license in both legal and easy–and can help you determine if you hold copyright.
- History for Hire: Using Cultural Resources as Film Locations by Amy Masterman and Thompson (Tom) Mayes (NTHP, 1995). A guide for homeowners, museum administrators, and business owners to the benefits and drawbacks of using historic resources as film locations.
- “So You Want to Be in Pictures? The Challenges and Opportunities of Hosting a Location Movie Shoot in a Historic Structure” by Jonathan Noffke, History News (Spring 1996).
- United States Copyright Office has many resources to help lawyers and laypeople under the law, including who owns the rights to images and fair use (various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research).
