Re: ListServ Museum - Question re copying donated printed material

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Don Jensen (dnjkenosha@wi.rr.com)
Thu, 15 Jan 2009 15:56:56 -0600



Message-ID: <000a01c9775c$2f017110$0201a8c0@Jensen>
From: "Don Jensen" <dnjkenosha@wi.rr.com>
Subject: Re: ListServ Museum  - Question re copying  donated printed material
Date: Thu, 15 Jan 2009 15:56:56 -0600

To the original question, there is a legal answer and a practical answer.

The legal question is whether the retired teacher/donor had all rights to the papers of her long ago students and signed them away to you, with the donation. Or do some residual rights remain with those one-time students, should any of them be alive, be contactable, or even care very much what you do?

But from a practical view, I don't feel it much matters. The practical answer is that the risk of litigation in this instance is so small as to be negligible, and the potential harm in the unlikeliest of circumstances that you could face litigation is very small.

To get hung up on such small legal questions is like refusing EVER to go outdoors because of the remote possibility you might be struck by lightning. That reaction paralyzes to into inactivity!

One weighs risks and comes to a conclusion that makes practical sense. And the risk that after all these years, someone would sue you for copyright violation is miniscule. The consequences of the tiny risk also are small.
.

Here is the likely situation:
(1) nobody connected with those vintage papers will be around, nobody will care or object if they are. If there are survivors, odds are most likely that they will be flattered at your historical interest, and will not object.

If it makes you feel better, check your local phonebook to see if any of those once-students are still around. Likely you won't be able to contact any of them, but at least you made a good faith effort to find them. (I still feel you have no obligation to get their permission anyway).

(2) lawsuitts go only where there is money, because lawsuits cost money to mount. Lawyers who collect only when the client collects don't take cases where there is no money. Sale of a few books doesn't generate enough money for some greedy disgruntled one-time student to go after. And even if you somehow made a mistake in printing the book, there is no malice involved.

Ok, suspenders and a belt are over-reactions, but to the ultra cautious, extra protection is worth the effort. But wearing three belts and two sets of suspenders is carrying caution beyond realistic or sensible limits. It is looking for potential trouble (all will fail and your pants will fall down) when the likelihood of that occurring is miniscule.

Excessive fear of unlikely or unsuccessful lawsuits paralyzes an organization. React to reasonable, realistic dangers. Lock your doors to prevent theft. Insure your museum against fire or liability costs if somebody fell down your stairs. That is prudent and wise.

Reacting to unreasonable, highly unlikely dangers with only modest repercussions, freezes an organization in inaction.

Worrying that someone might bankrupt your organization by winning a copyright lawsuit because you published their 70-year-old school papers as a moneymaker for your non-profit agency? I think that falls into the multiple suspenders/belts category.

I would simply publish it!

A further suggestion that may make you more comfortable. . . recruit a local lawyer to your board, even knowing he or she won't be able to attend most of your board meetings. Many lawyers, for personal or business reasons, are willing to be part of a worthy civic organization, provided the demands aren't too great on their time. Then, all it takes is a phone call for an off-the-cuff but likely ballpark-correct answer that will calm your legal worries.

Don Jensen Kenosha History Center board member
.

    

  ----- Original Message -----
  From: cnite51@aol.com
  To: localhistory@listserve.uwec.edu
  Cc: cnite51@aol.com
  Sent: Thursday, January 15, 2009 11:52 AM
  Subject: Re: ListServ Museum - Question re copying donated printed material

  Hi Nancy,

  This is just a thought, but the Marquette University Law School is supposed to offer free legal help for Non-profit organizations. Perhaps if you asked them this question. The following is copied from Rick Bernstein's email "Pro Bono Initiative Fund of the State Bar of Wisconsin. Nonprofit corporations may inquire about pro bono legal services by calling M-LINC at (414) 288-6331 or at (888) 530-5462."

  Just a thought. I hope it helps.

  Carolyn Knight
  Mayville Limestone School Museum
  cnite51@aol.com

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