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  • 1.  Photo use requests

    Posted 07-29-2019 02:10 PM
    There is a plethora of info out there for museums to determine if they can use images and photos for exhibits etc. What I am trying to determine is rights when requested for use by another person or organization, such as a newspaper or filmmaker. We do not hold copyright to all the images in our collection. If we at least have a deed of gift for them, can we give out requested copies? Any resource to help determine this would be super helpful. Most of our collection has been scanned and so researchers and visitors can look at the images in our collection and often want to purchase copies for separate projects.

    Thanks!

    --
    Rachel Regelein
    Registrar and Collections Manager
    Log House Museum
    Pronouns: she/her/hers

    www.loghousemuseum.org

    (206) 350 - 0999

    Operating Hours: 12- 4pm Thursdays - Sundays



    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 2.  RE: Photo use requests

    Posted 07-30-2019 05:51 AM
    Rachel - much depends upon the language of your DoGs.  It would also be of value to establish a use policy which should have a fee list.  Fees can include those for both rights and reproductions.  Mystic Seaport here in CT has quite an income center in its photo use program...you may want to contact them (and others).

    Older museums sometimes lack the documentation of today (at least on parts of their collections), but there may be statutes of limitation with which an attorney on your board might help.

    Check also AAM's sample docs and policies.

    Good luck.  Vivian



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  • 3.  RE: Photo use requests

    Posted 07-30-2019 09:57 AM
    ​Under the 2000 copyright law anything before 1923 is in the public domain. If you are lucky, the user would say from the Collection of...

    Bob

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    Robert Wolz
    Director Emeritus
    Harry Truman Little White House SHL
    Key West FL
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  • 4.  RE: Photo use requests

    Posted 07-30-2019 10:44 AM
    It's not just the DoG, but the language of it... does it transfer all rights to the museum without restriction?  If not, it should...

    Vivian F. Zoë, Director
    Slater Memorial Museum
    108 Crescent Street, Norwich CT 06360
    860-425-5560 vox
    860-885-0379 fax

    "Inspiration is for amateurs - the rest of us just show up and get to work," Chuck Close, 2003


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    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 5.  RE: Photo use requests

    Posted 07-31-2019 07:45 AM
    The owner of rights is the only entity or person authorize to grant usage rights.  Unless they are in the public domain.  The key is to determine the status of each author/estate.  If there is a Estate must likely they will claim copyrights.  When they fall into the public domain it cannot be reversed.  After 75 years of the death of the author  they automatically fall in the public domain but the Estate can claim copyrights and it can be extended if claim before expiration.

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    Carolina
    New York
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  • 6.  RE: Photo use requests

    Posted 07-30-2019 01:44 PM
    Our Deed of Gift contains a clause that transfers, etc all ownership rights, including copyright, title interest and possession to our foundation.  About two years ago an issue came up concerning copyright of a book and a photo-book being donated by the author.  As a result we added a phrase that states "The person making the gift may only transfer those rights that they have legal ownership of."

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    Raymond Meyer
    Archives-Artifacts
    Aerospace Museum of California
    McClellan, CA 95652
    safety-security@aerospaceca.org
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    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 7.  RE: Photo use requests

    Posted 07-30-2019 01:55 PM
    Raymond, that is a really good point. People donate books, photos etc. all the time that they are not the creator of.

    --
    Rachel Regelein
    Registrar and Collections Manager
    Log House Museum
    Pronouns: she/her/hers

    www.loghousemuseum.org

    (206) 350 - 0999

    Operating Hours: 12- 4pm Thursdays - Sundays






    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 8.  RE: Photo use requests

    Posted 08-05-2019 11:53 AM
    I would echo what Carolina said. The copyright owner should be the only one to grant permission for use.  If you are unsure of the copyright owner, you would likely just have to say no and leave the burden of such research up to the requester.

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    Rebecca Dupont
    Arlington VA
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    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more