Message-ID: <59286D9259574524803CB29FBE29C11A@userPC> From: <ckohl1@wi.rr.com> Subject: Re: ListServ Museum - Question re copying donated printed material Date: Fri, 16 Jan 2009 13:10:33 -0600
We at the Wisconsin Slovak Historical Soc. Have not come across such a
problem as yet, but you sure explained it well. I will make a copy of
your letter so we can have it on hand if we need some reassuring.
Darinka Kohl
----- Original Message -----
From: Don Jensen
To: localhistory@listserve.uwec.edu
Sent: Thursday, January 15, 2009 3:56 PM
Subject: Re: ListServ Museum - Question re copying donated printed
material
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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