In general the heir(s) of the writer will own the copyright unless the
transfer of title documents you have for the diary specifically state
that copyright was also transferred.  I can't remember what the US
situation is at the moment but in Europe this would last for 70 years
after the writer's death.   In Britain if copyright is not specifically
mentioned in a will it will pass to the person who inherits the residue
of the estate.  If you can track down the heir(s) you can offer to buy
the copyright or ask them to donate it (they could do this outright or
they could sell/give you a licence just for this publication).  

 

The museum would however have copyright in the particular transcription
(as this requires interpretation of the handwriting it has original
intellectual input separate from the writing of the diary in the first
place).   (Assuming it was done by paid staff in work time, if it was
done by volunteers or staff in their own time you would need to get them
to assign their copyright in the transcription to the museum).  

 

So the publication would have two copyrights - the writers, and the
transcribers (which would expire 70 years after the death of the last
transcriber)

 

I don't believe you need to "register" your copyright in the USA any
more.

 

If you are in Canada there is a procedure for obtaining copyright
permission if you can't find the copyright holder. 

 

Trevor Reynolds

Collections Registrar, English Heritage, Room 530, 23 Savile Row, London
W1S 2ET, United Kingdom

Tel: +44 (0) 20 7973 3482  Fax: +44 (0) 20 7973 3209

-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]] On
Behalf Of Susan Floyd
Sent: 01 August 2005 02:38
To: [log in to unmask]
Subject: Publication/Printing of museum documents

 

My small museum is interested in publishing a diary written by the
museum builder c1915.  We are in the process of transcribing the
handwritten pages.  We are looking for grant resources for funding of
the publication.  There are other issues, I know, which need to be
addressed.  For example, can the museum own the copyright?  How to apply
for copyright?  Other hints about editing? Any comments would be greatly
appreciated.

Susan Floyd

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