Re: Photos Copyright & Commercial Usage

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Rebecca Dubey (curator@saukcountyhistory.org)
Wed, 20 May 2020 11:31:27 -0500



From: Rebecca Dubey <curator@saukcountyhistory.org>
Date: Wed, 20 May 2020 11:31:27 -0500
Message-ID: <CAKNAg9PWLt4R5TfTjKVfHhL4Q8CU4AfCvVhp7dxtF5XrosQS2A@mail.gmail.com>
Subject: Re: Photos Copyright & Commercial Usage

Hello All, here is a collection of SCHS documents concerning our Policies and Procedures, and the thought process we went through in modifying the way in which we document Photographs that owners have lent to us for scanning. The original owner retains their photographs, and are returned to them once our work is completed. Please note:

   1. The Director approved these changes, but did not feel we required BOD
   approval since this applied to our daily activities and not a major policy
   change. I would disagree; I think these should be included in the CMP and
   Procedures approved so that the BOD is aware of what we are doing.
   2. This does not apply to photographs owned by or donated to the SCHS
   Museum; it applies only to those that are lent by an owner for scanning
   when the *scanned files* are donated to the SCHS Museum
   3. The Image Use Agreement from WHS is the form they provided and
   should be modified as you see fit. The part I was interested in is near
   the bottom of the page, the waivers the person ordering the images would
   sign before the images were sent to them. We have not done this yet, since
   there the forms are on the internet which was undergoing an overhaul at the
   time.
   4. We use Past Perfect Museum Software which includes forms for the Deed
   of Gift and Letters and Loan Agreements. I have modified these and posted
   the modifications here
   5. it was decided by the Director and Myself that we needed to be the
   ones to accept all Loan materials, and place those materials, once
   cataloged, on Loan to the person who makes scans that we cannot make
   ourselves. Since this is an SCHS sanctioned activity and not that of an
   individual, we wanted a paper trail to be able to reference later. While
   this process is a lot of work, the benefits are that once the images are
   scanned:
      1. there is an assigned Object ID number that the scanner should use
      to name the image
      2. the scans of those images are already cataloged and need only to
      be linked to the catalog record
      3. all parties, the Lender/Owner , the Museum, and the person
      Scanning the images have a paper copy of the image descriptions and numbers
      so that if one photograph were separated from the others, we would have a
      description of the image that could be used to find it
      4. We have written permission from the owner to lend their
      photographs to a third party, the person doing the Scanning.

I hope you find this useful and helpful.

On Tue, May 19, 2020 at 6:50 PM Rebecca Dubey <curator@saukcountyhistory.org> wrote:

> I am happy to share, look for it on Wednesday.
>
> On Tue, May 19, 2020, 12:59 PM <winebottle@charter.net> wrote:
>
>>
>> Rebecca, This makes sense and I would like to get a copy of your
>> release form, as I am sure a lot of others would as well.
>> Thanks
>>
>> Jim Weinzatl
>> Tomah Area Historical Society & Museum
>>
>> -----------------------------------------
>> From: "Rebecca Dubey"
>> To: "Local History List Serve"
>> Cc:
>> Sent: Monday May 18 2020 1:15:11PM
>> Subject: Re: Photos Copyright & Commercial Usage
>>
>> Bill,
>> after consultation with the Wisconsin Historical Society last year, we at
>> the Sauk County Historical Society are working through our Collections
>> Committee to write and implement this aspect of our Collections Policy
>> which will be updated in November, 2020. In short, we do not own
>> copyrights, some of our collection is in Public Domain, some are privately
>> copyrighted. Some of our requests for images are covered under Fair Use
>> issues and that is the extent of our responsibility. We are not
>> responsible for copyright issues because we do not have the staff that
>> major museums have. Instead, we will be working on a release form that
>> people will sign upon ordering their prints, stating that they understand
>> the use of copyrighted materials is provided by the museum, but it is up to
>> the person using the materials to obtain copyright information and
>> permission to use. The Collections Committee will be working on this and
>> will bring it up to the Board for approval once our work is completed. Our
>> work is based on our parent organization, the Wisconsin Historical Society
>> and specifically, the work of the Archival Division who oversees all
>> permissions of this type.
>>
>> If you have any further questions, please do not hesitate to call, or I
>> can refer you to our Collections Committee
>>
>> On Mon, May 18, 2020 at 12:23 PM Dane County Historical Society <
>> danecountyhistory@gmail.com> wrote:
>>
>>> I will look into this and get back to you. Rick Bernstein, Office Manager
>>>
>>> Dane County Historical Society
>>> Lussier Family Heritage Center
>>> 3101 Lake Farm Road
>>> Madison, WI 53711
>>> ph: 608-224-3605
>>> Follow us on Facebook! <http://bit.ly/2xMGnW6>http://bit.ly/2xMGnW6
>>>
>>>
>>> On Mon, May 18, 2020 at 11:35 AM William Schuette <
>>> wschuette9877@gmail.com> wrote:
>>>
>>>> Hi,
>>>>
>>>> How does your museum treat requests for images from your photo
>>>> collection for commercial use, such as in books or other publications?
>>>> And, how much do you charge for this type of usage? Is the charge
>>>> different than for personal use requests? Does it depend upon how many
>>>> commercial copies of the publication that are produced?
>>>>
>>>> Finally, does your museum feel that it owns the copyright to your photo
>>>> collection? We have many images in our collection which were "loaned to
>>>> copy" from individuals. These photos were digitally scanned, the scans
>>>> accessioned and the photo returned to the owner. How do you treat that
>>>> kind of transaction should someone request a copy?
>>>>
>>>> Thanks for any help.
>>>>
>>>> Bill Schuette
>>>>
>>>> Sauk County Historical Society
>>>>
>>>>
>>
>> --
>> Rebecca DuBey, Museum Curator
>> Sauk County Historical Society
>> (608) 356-1001 W-F; please leave a message other times!
>>
>

-- 
Rebecca DuBey, Museum Curator
Sauk County Historical Society
(608) 356-1001  W-F; please leave a message other times!
















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