Lynn,

I see little of an ethcial issue here.

Do you have a policy in regards to scholars or others using the
archives for research and publication?

If so, their request should follow that policy.

The fact that they were hired to do the transcriptions of the diaries
is a sepearate issue - often historians and scholars working in
archives will transcribe the primary sources - some are paid to do so,
others are not. And you at least have the right to review their
transcriptions for accuracy since they are contractors.

The fact that they may produce a book or publication that may or may
not make a profit is really not an issue. Are the diaries the sole and
complete part of the intended publication or will only parts be
excepted and footnoted as part of a larger work?

I would assume that since you paid for it that you own the rights to
the transcription (the ownership of rights for a work should always be
in your contract as a work for hire - otherwise the rights are
debatable and fall towards the creator of the work). Always educate
yourself on copyright law and intellectual property law before you
ever write a contract that falls into these areas - and that covers
everything from an exhibit design to a sculpture to a logo or a
transcription.

But remember, thay have asked for your permission to publish - and
that shows good intent I think.

And look at the larger picture. If your institution had these diaries
transcribed with the intent to eventually publish them then it would
be perfectly fine to say, "No, thank you." But if the transcriptions
are only intended for staff and research purposes then perhaps letting
them be published in a book will give them more prominence and
currency with scholars and the public and so would benefit your
institution.


Cheers!
Dave

David Harvey
Conservator
Los Angeles, California


On 4/25/07, Lynn Laffey <[log in to unmask]> wrote:
> Looking for thoughts and opinions...
>
> Recently, two consultants that were hired to transcribe several diaries
> for our institution requested permission to use information from these
> transcriptions for a book they hope to publish.  This has caused some
> debate with our staff.
>
> Our main concern is that since we paid these professionals to produce
> these transcriptions, that we may be crossing ethical lines by then
> granting them permission to use this work product for their own profit?
>
> It was also mentioned that...in the future we should consider
> that "paid" consultants can not produce a product based upon work
> performed under contract.   However, I am not sure that this would be
> enforcable.  (ie. a preservation architect reproducing/referencing the
> work they did for us in an article)
>
> Has anyone come across this issue? Any thoughts or opinions would be
> helpful.  Thanks you.
>
> Lynn Laffey
> Morris County Park Commission
>
>
>
>
>
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