Actually, my interpretation of the request is that the production company is asking the museum to authorize the release of the images only in the context of future releases of the documentary project (aka the "Program"). The museum cannot reasonably expect to be able to control release of the Program by any means that is now or may become available just because one of their images is in it. If the museum is satisfied with the use of their images within the Program, then as long as those images remain in the approved context of the Program there should not be any problem. It is up to the production company to maintain the integrity of their program; and if they do not guard against appropriation then the museum has a cause of action against the production company as well as the appropriator. My recommendation would be to review the agreement and request addition of your own language to ensure that the museum retains approval of how its image is used within the Program, and to ensure that the image cannot be broken out of the Program to be used in an unauthorized manner. Then they can distribute it in whatever media they want. Julia Muney Moore Public Art Administrator Blackburn Architects, Indianapolis, IN (317) 875-5500 x219 mobile (317) 460-0596 [log in to unmask] CONFIDENTIALITY NOTICE: This E-mail and any attachments are confidential. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of this E-mail or any attachment is prohibited. If you have received this E-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you. d Please consider our responsibility to the environment before printing this email. From: Museum discussion list [mailto:[log in to unmask]] On Behalf Of Janis Wilkens Sent: Tuesday, August 11, 2009 4:02 PM To: [log in to unmask] Subject: Re: [MUSEUM-L] New Media request In other words, you lose all control over the images. I especially dislike the "authorize others to do so." And there's no apparent time limit. I wouldn't do it. _________________________________ Janis Wilkens Registrar Levine Museum of the New South 200 E. Seventh St. Charlotte NC 28202-2508 704.333.1887 x 257 | fax 704.333.1896 [log in to unmask] www.museumofthenewsouth.org/ Office hours: Tues., Wed. 10:00-4:00; Thur. 4:00-7:00 ________________________________ From: Museum discussion list [mailto:[log in to unmask]] On Behalf Of Keehr, Karen Sent: Tuesday, August 11, 2009 12:14 PM To: [log in to unmask] Subject: [MUSEUM-L] New Media request Hello, I am working with a production company that used images from our Photograph Collection in a documentary. They are asking for an amendment to the Licensing Agreement they signed more than a year ago to include: "Non-theatrical, Internet, New Media, and In-Context Promotion." While I believe the original agreement covers non-theatrical, internet, and in-contextual promotion (although in our language and not their legal department's), the term "new media" is causing us a bit of concern. They are defining New Media Rights as: "the unlimited rights to duplicate, display, stream, download, and otherwise distribute the Program and portions thereof, and to authorize others to do so, by all media on all wireless devices now known or hereafter developed, including cell phones." My question is, how are others handling such requests? And, are others giving this blanket permission for unknown, undeveloped technology? Karen Keehr Curator of Visual and Audio Collections Nebraska State Historical Society P.O. 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