Assuming the donated item is sufficiently original
(creative) to qualify for copyright protection, and assuming the term of
copyright has not ended for the item, the movement of the item to the museum
does not, in and of itself, transfer the copyright. Presently, the only
way to transfer copyright is in writing. It should be noted that owners of
works of art, who might donate or sell works to a museum are often (usually?)
not the owners of the copyright in the work.
Museums typically provide a document to the donor
(if the donor is the copyright owner) which asks them to either transfer
the rights or grant a license to reproduce the work. If the donor is not
the copyright holder, museums will often attempt to locate the owner and ask
them to sign the appropriate form.
It is important to differentiate between the
typical rights an owner of an object has, such as, the right to resell the item,
and copyrights.
Sincerely,
Robert Panzer
VAGA
350 Fifth Avenue
Suite 6305
New
York, NY 10118
tel. 212 736 6666
fax. 212 736 6767
E-mail. [log in to unmask]
----- Original Message -----
Sent: Wednesday, July 11, 2001 5:36
PM
Subject: Re: Rights question
It is my understanding that when anything is donated
to the
museum, the donor gives up all rights to it
unless otherwise
specified. The Deed of Gift should
be explicit about what a donation
to the museum means.
To me, a photo album is no different than the
quilt
grandma stitched -- if they were donated to the
museum, they are
the property of the museum, and can
be accessed for research, exhibitions,
programs, etc.
Kimberly Kenney
Curator
Historical Society of
Rockland County
New City, NY
--- "Feltus, Pamela" <[log in to unmask]> wrote:
> We have
alot of photographs from private collections
> (like family
>
scrapbooks) which over the past 40 years have been
> given to the
museum.
>
> Now, for all my years in this field I have never
had
> a problem taking a
> photo like these from the collection
and using it in
> an exhibit, catalogue
> or marketing materials.
We have a new archivist who
> is saying that if people
> did not
sign a form releasing copyright when they
> donated, we can not
use
> it. Is this true? I know it would be if we had
> government
photos or
> something that is specifically copyrighted, but is a
>
family picture of
> grandpa that the family (or grandpa) donated to
a
> museum?
>
> Thanks!
>
> Pamela
Feltus
> Curator
> National Museum of American Jewish Military
History
> 1811 R Street NW, Washington DC 20009
> 202-265-6280
x201
>
> www.nmajmh.org
>
>
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