In general the heir(s) of the writer will own the copyright unless the transfer of title documents you have for the diary specifically state that copyright was also transferred.  I can’t remember what the US situation is at the moment but in Europe this would last for 70 years after the writer’s death.   In Britain if copyright is not specifically mentioned in a will it will pass to the person who inherits the residue of the estate.  If you can track down the heir(s) you can offer to buy the copyright or ask them to donate it (they could do this outright or they could sell/give you a licence just for this publication). 

 

The museum would however have copyright in the particular transcription (as this requires interpretation of the handwriting it has original intellectual input separate from the writing of the diary in the first place).   (Assuming it was done by paid staff in work time, if it was done by volunteers or staff in their own time you would need to get them to assign their copyright in the transcription to the museum). 

 

So the publication would have two copyrights – the writers, and the transcribers (which would expire 70 years after the death of the last transcriber)

 

I don’t believe you need to “register” your copyright in the USA any more.

 

If you are in Canada there is a procedure for obtaining copyright permission if you can’t find the copyright holder.

 

Trevor Reynolds

Collections Registrar, English Heritage, Room 530, 23 Savile Row, London W1S 2ET, United Kingdom

Tel: +44 (0) 20 7973 3482  Fax: +44 (0) 20 7973 3209

-----Original Message-----
From:
Museum discussion list [mailto:[log in to unmask]] On Behalf Of Susan Floyd
Sent: 01 August 2005 02:38
To: [log in to unmask]
Subject: Publication/Printing of museum documents

 

My small museum is interested in publishing a diary written by the museum builder c1915.  We are in the process of transcribing the handwritten pages.  We are looking for grant resources for funding of the publication.  There are other issues, I know, which need to be addressed.  For example, can the museum own the copyright?  How to apply for copyright?  Other hints about editing? Any comments would be greatly appreciated.

Susan Floyd



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