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. Box 82554
Lincoln, NE 68501-2554
402-471-4750
[log in to unmask]

 

========================================================= Important
Subscriber Information: 

The Museum-L FAQ file is located at
http://www.finalchapter.com/museum-l-faq/ . You may obtain detailed
information about the listserv commands by sending a one line e-mail
message to [log in to unmask] . The body of the message should
read "help" (without the quotes). 

If you decide to leave Museum-L, please send a one line e-mail message
to [log in to unmask] . The body of the message should read
"Signoff Museum-L" (without the quotes).
========================================================= Important
Subscriber Information: 

The Museum-L FAQ file is located at
http://www.finalchapter.com/museum-l-faq/ . You may obtain detailed
information about the listserv commands by sending a one line e-mail
message to [log in to unmask] . The body of the message should
read "help" (without the quotes). 

If you decide to leave Museum-L, please send a one line e-mail message
to [log in to unmask] . The body of the message should read
"Signoff Museum-L" (without the quotes).


=========================================================
Important Subscriber Information:

The Museum-L FAQ file is located at http://www.finalchapter.com/museum-l-faq/ . You may obtain detailed information about the listserv commands by sending a one line e-mail message to [log in to unmask] . The body of the message should read "help" (without the quotes).

If you decide to leave Museum-L, please send a one line e-mail message to [log in to unmask] . The body of the message should read "Signoff Museum-L" (without the quotes).