> 2) stating the fact that they are legally liable for not having signed the
> use agreement before using your image. This consititues copyright
> infringement.

ONLY if the photograph is still copyright. If it is out of copyright i.e.
Public Domain (which it may well be in a historic collection), it can
actually be very hard to control the later use of images from your
collection.

Even with a usage agreement, once you have provided a copy, they are to a
great extent free to make further copies and the agreement is much harder to
enforce without the backing of copyright (it's hard enough with the backing
of copyright... I can tell you first hand).

That said, outside of my Archives and Museum involvement I am a freelance
photographer - NEVER EVER send anything to someone with the signed
paperwork, even if they are in a hurry. If they can't be bothered to return
signed paperwork via fax, you are setting yourself up for trouble (again,
bitter experience talking here!).

tim a

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