[see her original message for the full text. Deletions are shown by "..."]
-----Original Message----- From: Sally Shelton <[log in to unmask]>
... Date: April 15, 1999 04:58
Subject: Specimen and image copyright issues

>I have posted this from correspondence sent by Lynn Kimsey and cross-posted
it to NHCOLL-L.
>
>In 1998 the Natural History Museum (London) instituted a new regulation
regarding its collections, which prohibits the image recording of any of its
specimens or specimen label data by photography  or digital imaging, unless
an institutional permission statement was signed and fees paid every time
the image was used. The Museum is  in essence declaring that the museum
holds copyright to each specimen and associated data.
...
===================================================
My comments:

COPYRIGHT - It appears that the Natural History Museum (London)  is
copyrighting specimens that they did not create. The copyright action does
seem excessive but its legality would depend upon the copyright laws of the
UK. In Canada the basic premise is as I understand it that the CREATOR may
copyright something, and then only for a set period of time(s).

MUSEUM REPLICAS  -  Replicas based upon museum specimens are common and
appropriate if done with permission, credit, and clear markings to indicate
that they are replicas.  It is reasonable I feel for a museum to control
photography in a gallery or storage area for reasons of conservation,
security, safety and comfort of other visitors etc. Years ago a senior staff
member advised me that the Canadian War Museum had the problem of someone
photographing an old military chest in the museum, and then using these
photos, the people manufactured and sold replicas of the chest without the
museum's knowledge or permission.   If a museum owns an item, but did not
create it, does that give them copyright on who may reproduce it?  If an
archives or museum owns a print, or even an original negative of a photo,
but did not create it, do they have any copyright?  Most claim copyright,
but is it appropriate? I do feel that it is reasonable that they ask for
fees related to copying (cost plus a profit margin) and a credit line, but
beyond that?

Colin Macgregor Stevens
Museum Curator
Burnaby Village Museum
City of Burnaby,  BC,  CANADA
(604) 293-6500
Business: [log in to unmask]
Museum Webpage:
http://www.burnabyparksrec.org/villagemuseum/villagemuseum.html
Personal: [log in to unmask] Military living history personal
web-site:  http://bcoy1cpb.pacdat.net