Hi Lynn:
Usually, a contract would include the rights information; I always include
it in drafts for clients. Simply state that the work is 'work for hire' and
thus the rights belong to the client. In your case, the diary
transcriptions now are not the issue but the diaries are. You would have
had to protect both in your contract. You'll have to rely on someone else
about the diaries but I think they're in the public domain.
If you give permission to publish the transcripts, you are crossing no
ethical boundaries but the consultants are taking advantage of you not
having protected yourselves. Which isn't unethical either, especially since
they have asked you for permission to publish. If they had not asked
permission, it would have raised my hackles in terms of morals.
Assuming from your question that your contract did not include a statement
on rights, you might now think of this as a great opportunity to put out the
word on your institution by requiring certain things of the consultants.
Citing the institution in any public venue [lectures, signings, the
publication, articles, etc. etc.], giving a long and specific paragraph
crediting the institution, taking a percentage of the profit [for which
there probably will be little], charging a fee to publish, and so on.
Best wishes,
Alexandra
Alexandra W. Rollins
Nonprofit and Arts Management
24 Goodrich Road
Jamaica Plain, MA 02130-2005
617-524-6007; fax 6037
www.rollinsupton.com
-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]] On Behalf
Of Lynn Laffey
Sent: Wednesday, April 25, 2007 1:36 PM
To: [log in to unmask]
Subject: [MUSEUM-L] Research and ethics?
Looking for thoughts and opinions...
Recently, two consultants that were hired to transcribe several diaries
for our institution requested permission to use information from these
transcriptions for a book they hope to publish. This has caused some
debate with our staff.
Our main concern is that since we paid these professionals to produce
these transcriptions, that we may be crossing ethical lines by then
granting them permission to use this work product for their own profit?
It was also mentioned that...in the future we should consider
that "paid" consultants can not produce a product based upon work
performed under contract. However, I am not sure that this would be
enforcable. (ie. a preservation architect reproducing/referencing the
work they did for us in an article)
Has anyone come across this issue? Any thoughts or opinions would be
helpful. Thanks you.
Lynn Laffey
Morris County Park Commission
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