Hi Lisa.

I had a similar issue once. Also a "researcher" with a published book:
Having a photograph of something DOES NOT grant you automatic
copyright to the content, those 100 year old photos are not
necessarily public domain, and that signed agreement is a legal
document.

Did he even credit the museum as the source? Does the museum have
copyrights to the original photos? Does the photographer's estate?

We had lawyers write a C & D letter to the directly to the publisher
and author.

All though he may be in the wrong, you should prepare yourself for a
very lengthy battle!


On Mon, Sep 22, 2008 at 2:30 PM, Lisa Shockley
<[log in to unmask]> wrote:
> I would be interested in hearing opinions on this.
>
>
>
> A researcher comes to the Museum. He is given access to view
> three-dimensional artifacts. Photography is forbidden for commercial use,
> but allowed for strictly research purposes. Also, the exhibition at the
> museum is photographed. The person is told photography is forbidden for
> commercial uses but may be done for personal research information.  Among
> the photographs is one taken of the front of the Museum building itself,
> with the exhibit banner (which was created by staff and IS copyrighted by
> the museum) in plain view. He also made images (either by scanning or
> photography) of original photographs in the collections, but which are
> approximately 100-110 years old, the only identified photographer died in
> 1922.
>
>
>
> Three years later, the "researcher" publishes a book, including images of
> the artifacts, the exhibit and the building, as well as reproducing two
> photographs from the Archives that he copied (but originals date to
> 1898-1905) in the book. He insists that copyright to all of this material is
> his, because he took the photographs. He insists that we have no right to
> anything, despite the fact that he signed an agreement to the effect that he
> was allowed to photograph/reproduce for personal research only and
> commercial use was forbidden.
>
>
>
> I realize this is three separate issues. One, the artifacts; two, the
> Archives photographs which may be old enough to be in public domain but the
> photos are owned by a museum; and three, the modern banner created in-house
> by staff.
>
>
>
> Opinions? Has anyone had this happen before?
>
>
>
> Lisa
>
>
>
> Lisa Shockley, Curatorial Specialist, 3-D Collections
>
> Union Station/Kansas City Museum
>
> 30 W. Pershing Road
>
> Kansas City, MO 64108
>
>
>
> 816-460-2055
>
> "Where there is Peace; there is Culture;
>
> Where there is Culture; there is Peace."
>
> Nicholas Roerich (1874-1947)
>
>
>
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