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Subject:
From:
Heather-Marie Wells <[log in to unmask]>
Reply To:
Museum discussion list <[log in to unmask]>
Date:
Fri, 26 Mar 2004 09:34:57 -0600
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Deb Fuller <[log in to unmask]> said:

Say you're sorry that you didn't explain this in more detail up front and
that the publisher of his book should have been aware of the agreement that
he signed and the restrictions of it. You aren't trying to be mean but you
are trying to keep your images from being used without your
permission and loosing money on them. Someone could come in and take a
picture of the promo piece and steal the picture for themselves. Of course
no one in the community would do that but you never know who might walk in
from outside and rip all of you off. Blah blah blah.



Although I agree with a lot of what Deb was saying about slander and liable.
  I'm not sure I agree with the above idea.  You should be very careful in
anything that you, the director, of the board president say to this patron
or his representatives.  Statements like the above might seem like a small
admission that something was done wrong on your side of the issue.  If you
didn't explain the details to the patron well enough from the begining than
would it really be his fault for not following them?  And forbid this
actually goes to court, but if it does, a statement like that can be used on
his behalf to really push the point that if a mistake was made on your part
once, another could have easliy been made again on a bigger issue.

I do think it is a good idea to point out that the details of the agreement
should have been passed on to any publishing/publicity agencies that were
work on this book.  But maybe it is better to let a lawyer do this for your
museum.

Heather Marie Wells

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