RE: Photo Collection Use

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LCHS Curator (lchscurator@centurytel.net)
Fri, 13 Aug 2010 09:57:54 -0500



From: "LCHS Curator" <lchscurator@centurytel.net>
Subject: RE: Photo Collection Use
Date: Fri, 13 Aug 2010 09:57:54 -0500
Message-ID: <000901cb3af7$e9a48ec0$bcedac40$@net>

How very timely--thank you for having this discussion just as I am putting out a "call for documentation" and requesting that the public share photos with me of themselves or their children on some kiddie rides that were removed last year, after decades in a local park. I don't necessarily want the original photos, just scans or jpegs, but we certainly want publishing rights in case someone wants to use them somewhere down the road. Guess I need to have a release form ready!

 

Thanks again for the reminder: not having a background in archives, I had not even thought of this yet.

 

 

Peggy Derrick, Curator

La Crosse County Historical Society

P.O. Box 1272

La Crosse, WI 54602-1272

ph. 608-782-1980

 

 

 

From: localhistory-request@listserve.uwec.edu
[mailto:localhistory-request@listserve.uwec.edu] On Behalf Of Kraushaar, Andy W - WHS Sent: Tuesday, August 10, 2010 3:09 PM To: 'localhistory@listserve.uwec.edu' Cc: Benjamin, David R - WHS Subject: RE: Photo Collection Use

 

I absolutely concur with Jim on his perspective. We put images up on Flickr as well (http://www.flickr.com/photos/whsimages/), and try to use care not to infringe on the rights of photographers and/or copyright holders. That said, there are many images in every archives for which rights are unclear for a variety of reasons. We absolutely administer "risk management" and attempt to only put online images for which we have clear rights or are out of copyright. Occasionally we have been asked to take an image down, and we have done so immediately. We also attempt to make it clear that we do not own the copyright to most of our holdings and require that the end user research any rights issues prior to use.

 

 

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 http://www.wisconsinhistory.org/whi

WHS Images on Flickr http://www.flickr.com/photos/whsimages

 

Collecting, Preserving and Sharing Stories Since 1846

 

  _____

From: localhistory-request@listserve.uwec.edu
[mailto:localhistory-request@listserve.uwec.edu] On Behalf Of Jim Hahn Sent: Tuesday, August 10, 2010 2:33 PM To: localhistory@listserve.uwec.edu Subject: RE: Photo Collection Use

 

Bill -

 

I'd be wary of loaned pics being put up with "owned" pics. Without a signed release, they could always come back and say, "I loaned them for YOUR use, not your use in selling to others for profit. I want the money you made from my images!"

 

Also, even if they gave you a postcard or other image - these things may still be copyrighted or other people's property. You could have what legal experts call "exposure" for liability if someone comes back later and shows that the person who gave you the object did not have the right to give it to you. You lose your benefit because it rests on an underlying illegal act - what legal experts call the "fruit of the poison tree." You cannot claim that you just didn't know - ignorance of the law is no excuse, as they say.

 

If, however, you have a signed release that includes the signatory's affirmation that they attest that the image is their property and they alone have the rights to it and they are transferring or sharing their rights to/with you, then you would have some (but still not absolute) coverage. Applying a standard of "did the organization, given its resources, apply a reasonable level of caution/care" would seem to lean to a determination in your favor given your use of the signed release.

 

We have dealt with these issues with photos for national news media such as the Associated Press. They won't use a photo often which might have questionable ownership issues in play. However, if I send them a picture and say I personally snapped it for the purpose of giving it to them, then they are amenable.

 

I am not an attorney, but I would recommend only posting/selling pictures you own (you took them, they will gifted to you from an estate, etc.) OR ones for which you have a signed release for either giving you ownership or sharing ownership with you.

 

While this may limit your available offerings in the short-term, it responsibly protects your organization through what we call "due diligence." As with anything, what you are doing is Risk Management, because you can never achieve absolute Risk Avoidance. J

 

Good luck, Flikr sounds like a good option. J

 

 

  _____

Jim Hahn, CFRE

Director of Development & Marketing

WAUKESHA COUNTY MUSEUM

101 W. Main St., Waukesha, WI 53186

(262) 521-2859 ext. 228, <mailto:jhahn@wchsm.org> jhahn@wchsm.org

(412) 716-1880 cell-note area code

 

 

 

Marc Sijan - Being Alive

Opening July 10, 2010

 

Visit www.waukeshacountymuseum.org for info on tours
<http://www.waukeshacountymuseum.org/group_tours.html> , camps
<http://www.waukeshacountymuseum.org/summer_camp.html> , Scout programs
<http://www.waukeshacountymuseum.org/scouts.html> , Discovery
<http://www.waukeshacountymuseum.org/discovery_boxes.html> Boxes, and other programs <http://www.waukeshacountymuseum.org/calendar.html> at the Waukesha County Museum!

  _____

 

  _____

From: localhistory-request@listserve.uwec.edu
[mailto:localhistory-request@listserve.uwec.edu] On Behalf Of Bill Schuette Sent: Tuesday, August 10, 2010 1:06 PM To: localhistory@listserve.uwec.edu Subject: Photo Collection Use

 

We are putting our photo collection images on Flickr (a photo sharing Web site). We have set the parameters so that they can't be downloaded.

We feel that if people can see a photo they are more likely to order a copy, than if they just read a description.

That as background, we have thousands of images in our collection that we have scanned from people who have loaned us their old pictures, postcards, etc.

We did not have them sign a release of rights paper at the time.

My question is, can we place these collections on our Flickr site so that people can order copies?

By allowing us to make copies of their images, did they, in effect, give us the rights to those photos, to use them as we saw fit?

Bill

Sauk County Historical Society

image001.jpg



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