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Subject:
From:
Amalyah Keshet <[log in to unmask]>
Reply To:
Museum discussion list <[log in to unmask]>
Date:
Tue, 21 Apr 1998 10:01:10 +0300
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At 15:52 17/04/98 +0000, you wrote:
>------- Forwarded Message Follows -------
>
>Currently the Durban Local History Museums are reviewing the copyright
>legislation that governs its collection.  This exercise has highlighted a
>number of unanswered questions for our organisation which I know other
>institutions deal with daily.
>
>Firstly what do other history museums charge for the usage of images of
>original artifacts they hold, in books, on covers, invitations, for
>posters, for films, CD roms, fashion shoots,etc?  Secondly do you impose
>a inter museum royalty fee?  Thirdly, I am keen to obtain information
>about copyright legislation that governs museums, preferably ones used by
>museums to guide them.
>
>Thank you.
>
>Rooksana Omar
>Acting Director
>Local History Museums, Durban


Charges for use of images follow the going market rates, whether that
market is defined as "the museum image market" or the general commercial
market.  For the "museum" market, a good guide is the Visual Resources
Assoc. Special Bulletin No. 10, 1996, "Guide to Rights and Reproduction at
American Art Museums."   For "fashion shoots" or film crew visits,
compensation should be based on the cost to the museum for accomodating
them -- often quite high, when one sits down and figures it out.  Man-hours
spent on arrangements, security, staff accompanying and supervising the
crew, conservation staff supervision, electricity, etc.  In effect, every
minute the museum's staff has to put aside its work and work for the crew,
should be compensated  for.  (Also make sure the crew is insured.)

By "inter-museum royalty fee" I assume you mean do you charge other museums
repro rights fees for use of your images.  This is up to each museum to
decide; often museums have reciprocal waiver arrangements like this --
emphasis on the word reciprocal -- although one would expect all costs
involved in image supply to be paid.

Copyright legislation is not particularized to museums.  The same
legislation that governs
everyone else, governs museums.  If I'm not mistaken, in the US, there is
one article in the copyright law (section 104?) that deals with certain
provisions for libraries, and the new copyright legislation in Canada
deals with provisions for  libraries, archives, and museums (apparently the
first time the term "museum" has appeared in such legislation.)  But, local
law "governs."

One very important point of copyright  law affecting museums is artists'
copyright and moral rights.

Hope this helps.




amalyah keshet
head of visual resources
(photographic services / rights & reproductions)
the israel museum, jerusalem
[log in to unmask]
fax: +972-2-670-8064
visit our web page: www.imj.org.il

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