Dear Ms. Gayle:

> It has been discovered that one of our
> employees has been duplicating a large number
> of slides for personal use.  These slides are from
> our files of conservation treatments, collections
> objects, and clients' objects.
>
> When challenged, the employee claimed that there
> are no "rules" regarding the use and duplication
> of these images.  Everyone else feels that it
> is simply understood that such material is the
> property of the institution.

While I am not a lawyer I believe that if the slides were done by
institutional employees or under contract to your institution the slides
are the both the physical and intellectual property of your
instutution.  Taking something without express permission of the legal
owner is theft -- so much for the rules.  While I agree that a policy
would be useful, it should not be necessary except if you are trying to
alter a long established practice of allowing staff to take duplicates.

What I would be most concerned about is duplicating slides of client's
objects (I assume whis is without the express permission ofthe client?)
-- the client might not appreciate the intrusion on their privacy or the
breach of confidentiality which they might expect.  Should there be a
problem arizing from this your institution might end-up with, not only
the potential loss of a client, but a level of third-party civil
liability.  (Although I differ to my legal collegues for an exact call
on this.)

Procedurally you might get around this by discontinuing the practice of
personal portfolio slides all together.  If they really need copies,
then they should be able to borrow slides for limited periods and
specific purposes.  If the employee/contractor continues to challenge
your right to protect the institution's property and reputation, perhaps
they should reconsider their association with your institution?

I know this might sound draconian, but it seems to me that your employee
is abusing a relationship of trust.  I don't see it as an ethics
question, rather as a business/legal one.

Richard Gerrard
Registrar, Collections Management