Assuming the donated item is sufficiently original (creative) to qualify for copyright protection, and assuming the term of copyright has not ended for the item, the movement of the item to the museum does not, in and of itself, transfer the copyright.  Presently, the only way to transfer copyright is in writing.  It should be noted that owners of works of art, who might donate or sell works to a museum are often (usually?) not the owners of the copyright in the work.  

Museums typically provide a document to the donor (if the donor is the copyright owner) which asks them to either transfer the rights or grant a license to reproduce the work.  If the donor is not the copyright holder, museums will often attempt to locate the owner and ask them to sign the appropriate form.

It is important to differentiate between the typical rights an owner of an object has, such as, the right to resell the item, and copyrights.  

Sincerely,

Robert Panzer

VAGA 
350 Fifth Avenue
Suite 6305
New York, NY  10118
tel. 212 736 6666
fax. 212 736 6767
E-mail. [log in to unmask] 
  ----- Original Message ----- 
  From: Kimberly Kenney 
  To: [log in to unmask] 
  Sent: Wednesday, July 11, 2001 5:36 PM
  Subject: Re: Rights question


  It is my understanding that when anything is donated
  to the museum, the donor gives up all rights to it
  unless otherwise specified.  The Deed of Gift should
  be explicit about what a donation to the museum means.
   To me, a photo album is no different than the quilt
  grandma stitched -- if they were donated to the
  museum, they are the property of the museum, and can
  be accessed for research, exhibitions, programs, etc.

  Kimberly Kenney
  Curator
  Historical Society of Rockland County
  New City, NY

  --- "Feltus, Pamela" <[log in to unmask]> wrote:
  > We have alot of photographs from private collections
  > (like family
  > scrapbooks) which over the past 40 years have been
  > given to the museum.
  >
  > Now, for all my years in this field I have never had
  > a problem taking a
  > photo like these from the collection and using it in
  > an exhibit, catalogue
  > or marketing materials. We have a new archivist who
  > is saying that if people
  > did not sign a form releasing copyright when they
  > donated, we can not use
  > it. Is this true? I know it would be if we had
  > government photos or
  > something that is specifically copyrighted, but is a
  > family picture of
  > grandpa that the family (or grandpa) donated to a
  > museum?
  >
  > Thanks!
  >
  > Pamela Feltus
  > Curator
  > National Museum of American Jewish Military History
  > 1811 R Street NW, Washington DC 20009
  > 202-265-6280 x201
  >
  > www.nmajmh.org
  >
  >
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