Open Forum

Wow...that's definitely a conundrum. We are a federal museum and over the years have had people coming in to photograph various artifacts from the collection -- from aircraft to buttons -- to be used for commercial purposes.  We do request that we receive proper credit and complimentary copies of whatever publication our objects are highlighted in (some folks are better at that latter part than others). 

What is so unique about this uniform that the requester can't locate the information in myriad publications or online resources? If it's a US military uniform, there are definitely no shortage of resources out there in the public forum that detail measurements, patterns, etc. 

If the requester was looking at other clothing items from your collection from which to make patterns, then I would recommend researching a partnership in which the museum earns a percentage of the sales and credit on the packaging, so it says from the Wheaton College Collection (or something to that effect). Check with your governing body, your accession records, and a lawyer if you have one for the best advice; if you can legally make money from it, then I recommend you try!

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Carrie Bowers
Museum Specialist
National Museum of the Marine Corps
Triangle VA
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Original Message:
Sent: 10-23-2017 10:58 AM
From: Leah Niederstadt
Subject: Access to collection objects for commercial purposes

Dear colleagues,

I've received an outside inquiry asking for access to a costume in our collection for the purpose of measuring and photographing it to create a pattern of the costume (and, possibly, reproductions of the costume) for commercial sale. (The costume is a military uniform from the 1940s.)

My initial thought is that we would not allow someone to photograph objects in our collection if their intent was to reproduce those images on tote bags or coffee mugs (or anything) to sell commercially, and this request seems similar. 

Any advice or guidance is welcome, as well as any resources that may help us figure out how to respond to the request.

Many thanks,

Leah

--

Leah Niederstadt | Assistant Professor of Museum Studies & Curator of the Permanent Collection | Department of Art/Art History | Wheaton College | 26 E. Main Street | Norton, MA 02766 | 508.286.3319 | https://wheatoncollege.edu/arts/permanent-collection/

Member | Association of Academic Museums and Galleries (AAMG) | www.aamg-us.org

Member | American Alliance of Museums | www.aam-us.org

Member | New England Museum Association | http://nemanet.org

Hi Leah,

Since this is a Rights and Reproductions (R&R) request you need a R&R policy to guide you.  Also, set up a fee schedule for both scholarly and commercial requests.   Request example policies and fee schedules from other museums so your rates are consistent with the industry.  Make sure specific usage and licensing is addressed.  As others have said, be sure to indicate your credit line and that you should receive x number of copies of any material created. And definitely run any forms you develop by your legal counsel to make sure verbiage is appropriate and protects your institution. 

Best wishes,

Karen 


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Karen Whitecotton
Owner
Heritage Museum Services, LLC
Info@heritagemuseumservices.com
www.heritagemuseumservices.com
www.facebook.com/heritagemuseumservices
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Original Message:
Sent: 10-23-2017 10:58 AM
From: Leah Niederstadt
Subject: Access to collection objects for commercial purposes

Dear colleagues,

I've received an outside inquiry asking for access to a costume in our collection for the purpose of measuring and photographing it to create a pattern of the costume (and, possibly, reproductions of the costume) for commercial sale. (The costume is a military uniform from the 1940s.)

My initial thought is that we would not allow someone to photograph objects in our collection if their intent was to reproduce those images on tote bags or coffee mugs (or anything) to sell commercially, and this request seems similar. 

Any advice or guidance is welcome, as well as any resources that may help us figure out how to respond to the request.

Many thanks,

Leah

--

Leah Niederstadt | Assistant Professor of Museum Studies & Curator of the Permanent Collection | Department of Art/Art History | Wheaton College | 26 E. Main Street | Norton, MA 02766 | 508.286.3319 | https://wheatoncollege.edu/arts/permanent-collection/

Member | Association of Academic Museums and Galleries (AAMG) | www.aamg-us.org

Member | American Alliance of Museums | www.aam-us.org

Member | New England Museum Association | http://nemanet.org

To answer your immediate concern, if this is a United States Army uniform, there are very detailed specifications for their manufacture, many of which can probably be found on-line.  However,If he requester needs additional help, he of she may wish to contact the US Army Center of Military History in Washington, DC.

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Dennis Mroczkowski
Board Member, Casemate Museum Foundation
Williamsburg VA
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Original Message:
Sent: 10-23-2017 10:58 AM
From: Leah Niederstadt
Subject: Access to collection objects for commercial purposes

Dear colleagues,

I've received an outside inquiry asking for access to a costume in our collection for the purpose of measuring and photographing it to create a pattern of the costume (and, possibly, reproductions of the costume) for commercial sale. (The costume is a military uniform from the 1940s.)

My initial thought is that we would not allow someone to photograph objects in our collection if their intent was to reproduce those images on tote bags or coffee mugs (or anything) to sell commercially, and this request seems similar. 

Any advice or guidance is welcome, as well as any resources that may help us figure out how to respond to the request.

Many thanks,

Leah

--

Leah Niederstadt | Assistant Professor of Museum Studies & Curator of the Permanent Collection | Department of Art/Art History | Wheaton College | 26 E. Main Street | Norton, MA 02766 | 508.286.3319 | https://wheatoncollege.edu/arts/permanent-collection/

Member | Association of Academic Museums and Galleries (AAMG) | www.aamg-us.org

Member | American Alliance of Museums | www.aam-us.org

Member | New England Museum Association | http://nemanet.org

Our museum has very little experience with these situations so take this for what it is worth. ​We recently had a company approach us wanting to reproduce a handkerchief that is in our collection that dates from the 1880s and belonged to a famous person.  It is very likely this was a mass produced hanky at that time though the company who made it is unknown to us.  Since we are part of the state parks system the division's legal team looked at the request for a licensing agreement that would have the company pay a one-time usage fee and provide us credit as the repository of the original artifact.  However, the legal team decided that we could not grant the company exclusive rights  because the item  is in the public domain.  Therefore we were told to provide the company with whatever photos and measurements they required but couldn't collect a usage fee but did ask that they still credit us as the repository of origin.

If the uniform  is a standard U.S. Military issued and it is not unique in anyway then it to is likely in the public domain and if our legal counsel is correct you would not have the right to grant exclusive use and/or possibly collect a usage fee.  Though you may get around the usage fee part by calling it a "research fee" and charging them for your staff time in providing access.  Also it doesn't sound as if, though an original, that this piece is in your permanent collection but instead in a "costume" collection, is that correct? if that is the case is it really fair to guard the rights to it as closely as you would a historic garment in the permanent collection?

I'll definitely be following this thread with interest.

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Katherine Owens
Curator of Collections
Missouri State Museum
Jefferson City, MO
------------------------------

Original Message:
Sent: 10-23-2017 10:58 AM
From: Leah Niederstadt
Subject: Access to collection objects for commercial purposes

Dear colleagues,

I've received an outside inquiry asking for access to a costume in our collection for the purpose of measuring and photographing it to create a pattern of the costume (and, possibly, reproductions of the costume) for commercial sale. (The costume is a military uniform from the 1940s.)

My initial thought is that we would not allow someone to photograph objects in our collection if their intent was to reproduce those images on tote bags or coffee mugs (or anything) to sell commercially, and this request seems similar. 

Any advice or guidance is welcome, as well as any resources that may help us figure out how to respond to the request.

Many thanks,

Leah

--

Leah Niederstadt | Assistant Professor of Museum Studies & Curator of the Permanent Collection | Department of Art/Art History | Wheaton College | 26 E. Main Street | Norton, MA 02766 | 508.286.3319 | https://wheatoncollege.edu/arts/permanent-collection/

Member | Association of Academic Museums and Galleries (AAMG) | www.aamg-us.org

Member | American Alliance of Museums | www.aam-us.org

Member | New England Museum Association | http://nemanet.org