As to why you received the call, if I had to make a guess - and presuming
the caller is the legitimate copyright holder - the caller may want to know
where you obtained the image because the copy (original?) you have may not
be authorized and the caller would maybe like to track down the source. Of
course, there are other possible reason for the call.
Copyright in creative works such as, photography and fine art, is typically
owned by the creator or the creator's heirs, not the owner of the object,
especially an object like a photo, which usually exists in multiples (If
there are 20 photo prints owned by 20 different people, how could they all
have copyright since each picture is the same as the others?). One must
proceed carefully when receiving a document from an owner of an
image(presuming the owner is not the creator or an heir) in which copyrights
are transferred. Many, if not most owners, are unfamiliar with copyright
law and presume that the own the copyright if they own the object. It might
be wise to call the person who gave or sold the photo to your museum, inform
them of the call you received and inquire how they obtained the copyright.
VAGA, of which I am the executive director, is a copyright collective
representing reproduction rights for a few thousand artists and estates of
artists worldwide.
Sincerely,
Robert Panzer
VAGA (Visual Artists and Galleries Association)
350 Fifth Avenue
Suite 6305
New York, NY 10118
Tel: 212 736 6666
Fax: 212 736 6767
[log in to unmask]
----- Original Message -----
From: "Christine Dwyer" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, August 31, 2001 10:56 AM
Subject: Donor Information
> Hello,
>
> I'd appreciate comments/opinions/policy suggestions on the following
> situation:
>
> I received a call today from an individual who claims to hold the
copyright
> to a photograph in our collection that we recently published in a book.
The
> individual *states* that they are not looking for compensation, nor are
they
> upset, they simply want to know how we came to acquire the photograph in
> question.
>
> I have looked up the information, and found that the photo was donated in
> 1997 by a different individual who signed all the pertinent forms claiming
> to hold sole title to the photo, to transfer title/copyright to our
> institution, and acknowledging our right to reproduce the photo in any
> manner we see fit.
>
> So... where do I go from here? I don't want to make a mountain out of a
> molehill, but I don't feel comfortable giving out the donor's info to the
> caller, especially without knowing the caller's intentions... Should I
> request that the caller provide sufficient proof of copyright before I
> release any info, even though she claims just be to "curious?" What
> policies do other institutions have on releasing donor information to
> inquirers? Thanks.
>
>
> Christine M. Dwyer, Director
> Stanly County Museum & Historic Preservation Commission
> 245 East Main Street, Albemarle, NC 28001
> Tel: 704/ 986-3777 Fax: 704/ 986-3778
> www.co.stanly.nc.us/Departments/Museum/index.htm
>
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