--- Katie Wadell <[log in to unmask]> wrote:

> Then, we got a letter from the patron's lawyer, threatening to sue us with
> libel. He said that, even through he had signed the one-time use agreement,
> that the image was out of copyright and that we had no right to restrict its
> use.   Moreover, we were hurting his good name in the community.

Libel is the written defamation of a person's character. Slander is the spoken
act of defaming someone's character. In order to prove either, you must meet
certain criteria such as: inflamtory language, defamation of character, and
that what was either said or written is false. If the person in the community
is considered a public figure, then they also have to prove malicious intent.
This is why celebs often loose lawsuits against the tabloids because it's very
hard to prove malicious intent.

If what you museum director said or wrote was true, then your patron has no
case. For example, if you call a guy an alcoholic and he is, he has no case.

Secondly, if you museum director did not use inflamatory language, the patron
really doesn't have a case. For example, "We request that the pictures in
question be taken down immediately." Might hurt your feelings but it isn't
inflamtory. "Take those pictures down right now you jerk," is. And again, the
truth will kill you. If the guy really is a jerk, he has no case.

Personally, I'd let a lawyer look at it but not respond to the letter just yet.
I'd invite the patron and the hardware shop owner over for coffee and have a
chat about reproduction rights. Explain that you make money off of letting
people use the images in your collection which you legally control the
reproduction rights to. Say you're sorry that you didn't explain this in more
detail up front and that the publisher of his book should have been aware of
the agreement that he signed and the restrictions of it. You aren't trying to
be mean but you are trying to keep your images from being used without your
permission and loosing money on them. Someone could come in and take a picture
of the promo piece and steal the picture for themselves. Of course no one in
the community would do that but you never know who might walk in from outside
and rip all of you off. Blah blah blah.

I think this is more of a case of people's feelings getting hurt and not
someone out for blood. The lawyer is probably a relative or good friend that
offered to write the letter for him. And seriously, who's going to sue a small
town museum over a couple of pictures? No matter how badly you thought your
reputation was damaged, you'll look really petty for even bringing it up in the
first place.

Good luck!

Deb

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