Subject: RE: Photo copyright issues Date: Thu, 10 Jul 2008 10:46:24 -0500 Message-ID: <B46BC0C8F6373F43B0A84089442FE9210156C6BD@MEWMAD1P0129.enterprise.wistate.us> From: "Kraushaar, Andy W - WHS" <Andy.Kraushaar@wisconsinhistory.org>
I have already seen a couple of very good responses to this original
post, but I will add a couple of points.
Copyright can be a complex issue, but it is well worth trying to
familiarize yourselves with the laws to protect your institution as well
as the rights of artists. Walgreens and others are simply trying to
protect themselves against the possibility of infringing on an artist's
rights because they potentially could be held liable as well as you if
there is a lawsuit claiming infringement. Kinkos several years ago
learned this lesson, and I think others do not want to repeat their
experience. Walgreens and others do not want to have to decide on a case
by case basis what is in the public domain, so they simply will not copy
photographs, unless you are the creator. I thought the suggestion of
having a clear statement clearing copyright signed by the director of
the organization was a good one, although I'm not sure this even this
would be considered acceptable, although if they kept the letter on
file, they might be protected in the case of a lawsuit. These decisions
are often made at the national level with large chain stores, so a
rational solution unfortunately may not work!
The best bet is to work with a professional lab or photographer who you
trust. Most photographers are familiar with copyright law and may even
provide some guidance. Of course another advantage of working with a
professional lab is that you should be able to trust that they will not
damage your valuable collections.
The link below will help to give to give you some guidelines to follow
before copying any work of art or photograph.
http://www.copyright.cornell.edu/public_domain/
<mailto:Andy.Kraushaar@wisconsinhistory.org>
Andy Kraushaar
Visual Materials Curator
Library-Archives Division
Wisconsin Historical Society
816 State Street
Madison, WI 53706
Andy.Kraushaar@Wisconsinhistory.org
(608) 264-6481
Wisconsin Historical Images
www.wisconsinhistory.org/whi/
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________________________________
From: localhistory-request@listserve.uwec.edu on behalf of Bonnie Van De
Hey
Sent: Wed 7/9/2008 3:03 PM
To: localhistory@listserve.uwec.edu
Subject: Photo copyright issues
How does your society handle copyright issues with your photo
collection? Each time we try to have copies of photos from our
collection made for exhibits we have problems with the photo places
(such as Walgreens and Wal-Mart) wanting to have a copyright release
from the original photographer who, of course, no longer exists.
Bonnie Van De Hey
Wrightstown Historical Society