I think you need a separate policy and form for copy photographs than
original photos/negatives.  We ran into a similar problem in a previous
position where there was an extremely active oral history project and many
of the narrators would loan photos and albums for us to make selected copy
photos.  I realized that if the loaner signed our standard deed of gift they
would be giving us the copyright to an item we didn't physically own--the
reverse of splitting physical and intellectual rights by donating the photo
without signing over the copyright.  The donor wouldn't understand this (I
barely do) and could, in theory, continue to grant reproduction rights to
others, including commercial vendors.  Also, what would happen if at a later
date the donor or his heirs gave the physical object to another
institution--then we would have the copyright and they the originals.  We
created a special right of reproduction form for copy photographs,
preservation copies, and microfilming.  Basically, it said that the
copyright would remain with the physical object but that we would be granted
unrestricted and unlimited rights to use, display, make available for
research, publish, and otherwise reproduce the items for ourselves and
researchers.  This allowed us to manage the copies in the same manner as all
other items but avoided the sticky mess that comes with splitting physical
ownership and intellectual property rights.

Anne L. Foster, CA (certified archivist)
Director
Huntley Project Museum of Irrigated Agriculture
P O Box 353
Huntley MT 59037
phone: (406) 348-2533
fax: (406) 348-2534
email: [log in to unmask]

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