> I am wondering if any of you out there might have stories you would be
> willing to share regarding copyright questions or legal problems your
> museums (etc.) have encountered.  I would of course be willing to keep 
> your
> information confidential, but would like to use some stories to illustrate
> common problems.

I sent the following reply e-mail directly to Jamie, but I think I would 
like to ask for input from the list members on this copyright issue that 
arose in our small museum:

     We were recently given a donation of a 16 mm film of our town's 1957 
centennial parade. A local fireman found it in the (recycling center) and he 
hung onto it until this year, which is the town's 150th anniversary. Before 
he gave it to us, he took it to a local camera shop and they transferred it 
to DVD for him. He gave us both the original 16 mm film and the DVD of the 
movie -- and kept a DVD for himself. I reimbursed him (out of my own pocket, 
as we have negligible income), then accessioned the two items.
    I showed the movie to the members of the town's sesquicentennial 
committee and the town business administrator wanted to make copies to sell 
to residents. I told him that the camera store owner wanted $20 per copy and 
the administrator said he could get it done for $10 per copy. He then asked 
for the DVD we were given, so he could reproduce it. I balked and said the 
camera store owner may be the one who owns the rights to the content of that 
DVD and everyone argued that since WE own the original film, we have the 
rights.
    I checked Marie Malaro's museum law book and she noted that the issue is 
not clear, but that one should protect one's rights by having the person 
doing the digital conversion sign something saying the museum owns the 
rights to the digital version the convertor is about to create. Of course, 
the fireman did not have anyone sign anything, so the matter is unresolved. 
The township's attorneys did not feel it was an issue, by the way.
    Right about the same time we had some maps in our collection reproduced. 
The photo reproduction shop photographed the maps, scanned their photo of 
them, cleaned them up, then printed them for us, on acid-free paper with 
UV-filtering inks. When he was done I was given a CD with the digital 
version of the maps and I told the shop owner about the film question. I 
said "So, who owns the rights to the map CD you just gave me?" He replied 
"You do. You paid for it." I said "What if I took it to a photo reproduction 
shop down the street and asked them to reprint the maps from it, because 
they can do it for a lower cost?" He raised his voice and said "You can't do 
that! That's MY work!" I made my point.
   Therefore, I will henceforth have everyone sign a form saying we own the 
rights to the digital version of the conversion.

Do you have a form you have the converter sign? Would you share it if you 
do?
Lynne Ranieri
Millburn-Short Hills Historical Society

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