On Thu, 14 Mar 1996 09:08:00 EET  BRENINGER, Leah wrote:
>At the Museum of Victoria Social History Department we have many items,
>acquired in the past, which are covered by copyright law; books,
posters,
>artworks, etc. Copyright was not acquired at the same time. We will
continue to acquire such items. I would like to rework out donation
agreement to include options for the donor to assign copyright to us. it
would probably
>include a statement roughly saying;
>"As legal owner of copyright on the above object  I
> - assign full copyright to the museum  or
> - authorise reproduction for collection managment purposes, ie; image
>capture, education kits, etc       or
> - authorise reproduction for commercial purposes; postcards,
catalogues,
>etc.
>
>I would also like  to create a retrospective copyright assignment or
release
>
>document for the existing collection.
>I will get the draft document checked by the Australian copyright
council
>for the correct wording, etc. But I would be grateful for comments from
>people who are doing similar things or if you have these documents
already I
>
>would appreciate a copy. Thanks
>
>Leah Breninger
>Collection Manager
>Department of Social History
>Museum of Victoria
>[log in to unmask]
>

Re artworks:
Since the donor is rarely the copyright owner, you usually have to
contact the artist or his/her heirs in either case -- i.e. there is
really little difference between a donation now or a "retrospective"
agreement. The agreement will ultimately be with the artist (or heirs) in
 most cases.(Obviously, check first if the copyright has run out and the
work is already in the public domain.)

The story may indeed be different regarding books, as national laws
differ on that.

We may embark on a similar endeavor (God help us...) in the "after the
fact" category.  Good luck to us both.
Two ideas:
1) The major copyright clearing agencies (SPADEM, ADAGP, DACS) can help
kill a lot of birds with one stone.  That is, one fax can result in leads
to many artists for agreement clearance.
2) The number or works in our collection still under artist's copyright
is enormous.  We will decide first which works we really need agreements
for. Many works were very kindly donated to us in the past which aren't
likely candidates for publication, postcards, etc.  Also, there is really
nothing wrong with drawing up these agreements ad hoc, as need arises. It
really depends on what sort of man/hours can be devoted to the project,
and when.
 -------------------------------------
Name: amalyah keshet
director, visual resources / the israel museum, jerusalem
E-mail: [log in to unmask]
Date: 03/25/96

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