JuliAnn, if you haven't already, I highly recommend the e-book by Anne Young: "Rights & Reproductions: The Handbook" https://aam-us.org/ProductCatalog/Product?ID=5186 It deals with all the nuts and bolts of U.S. copyright in museums and similar institutions and the price is really fair. Anne also teaches a course about it in June for MuseumStudy.com: http://www.museumstudy.com/courses/course-list/rights-reproductions-guidelines-and-best-practices/ (Disclaimer: I also teach for this institution and know Anne for quite a while - she's really a walking, living book for all things copyright) Best wishes, Angela Angela Kipp Collection Manager TECHNOSEUM, Mannheim, Germany www.technoseum.de Join the Registrar Trek at http://world.museumsprojekte.de/ Follow us on Twitter @RegistrarTrek This is a personal opinion, my institution can't be held responsible for anything I write Quoting American Sokol <[log in to unmask]>: > Ignorance has been bliss for us so far. If I take pictures of the > pictures they can be used in publications, brochures, etc., not for > profit? I don’t really see the difference legally between a picture > and a scan as the iPad Pro takes some pretty incredible photos of > photos. I have been photographing large water damaged photos and > they are almost as good as a scan. > > Thank you so much for this discussion and your input. > > JuliAnn > >> On Apr 2, 2018, at 2:24 PM, topladave <[log in to unmask]> wrote: >> >> No. All copyrighted photos whether taken by an amatuer, artist, or >> as a work for hire cannot be used in publications if the copyrights >> are still active. >> >> The photos that you physically own can be used in exhibits and your >> own photos of them (not exact copies) can be used in brochures of >> your exhibitions showing them on exhibit. >> >> As previously stated, if these photos were taken and published >> before 1923 then they are likely in the public domain and you can >> use them as you wish. If they were published after 1923 or fall >> into certain categories previously mentioned, then they may still >> be under copyright. >> >> Cheers! >> Dave >> >> David Harvey >> Senior Conservator & Museum Consultant >> Los Angeles CA. USA >> www.cityofangelesconservation.weebly.com >> <http://www.cityofangelesconservation.weebly.com/> >> >> On Mon, Apr 2, 2018, 12:15 PM American Sokol >> <[log in to unmask] <mailto:[log in to unmask]>> wrote: >> Thanks Gregory and Dave. This gets very complicated, especially >> since our collection is raw, we are just starting to catalog, and >> have tons of photos starting from the late 1800’s. I do think many >> of the photos were taken by a hired professional photographer. >> Since they were for hire I am assuming we can use them in our >> publications or as we wish? We have been using them in our >> publications. >> >> What a great discussion. Thanks again. >> >> JuliAnn >> >>> On Apr 2, 2018, at 2:07 PM, Gregory Jackson >>> <[log in to unmask] >>> <mailto:[log in to unmask]>> wrote: >>> It >>> JuliAnn, >>> >>> Legally, it doesn’t matter if you can track down the family or >>> not. According to the law, the copyright belongs to the creator >>> or the heirs for the duration of its copyright lifetime. That >>> lifetime depends on the classification of the work (unpublished, >>> unpublished anonymous/pseudonymous/for hire, published, etc.) As >>> a rule of thumb, anything published before 1923 is in the public >>> domain as are most works when the creator died before 1947. So >>> unless the copyright was transferred to your museum, you cannot >>> claim copyright. An earlier poster had it right – there is no >>> legal means to keep others from using a photograph that you don’t >>> hold the copyright to, that has been placed in the public domain >>> or even one that is considered an “orphan work.” >>> >>> Greg >>> >>> Gregory A. Jackson, CA >>> Bryn Athyn Historic District Archives >>> Glencairn Museum >>> 267.502.2997 >>> >>> >>> From: Museum discussion list [mailto:[log in to unmask] >>> <mailto:[log in to unmask]>] On Behalf Of American Sokol >>> Sent: Monday, April 2, 2018 2:17 PM >>> To: [log in to unmask] <mailto:[log in to unmask]> >>> Subject: Re: [MUSEUM-L] Copyright Question >>> >>> What about cases where the photos are 50+ years old and the >>> photographer and the studio are long gone? Tracking down family >>> would be extremely difficult. >>> >>> Thanks. >>> >>> JuliAnn >>> >>> >>> On Mar 30, 2018, at 7:36 AM, Tod Hopkins >>> <[log in to unmask] <mailto:[log in to unmask]>> >>> wrote: >>> >>> A quick follow-up to my earlier post. My comments should not be >>> extended to questions about the use of the copyrighted works of >>> others. I did not mean to suggest that one should not respect >>> copyright simply because there is no money involved, nor that >>> copyright has no meaning beyond monetary interests. >>> >>> Copyright gives the creator control over use of their works. You >>> should always seek permission for use. >>> >>> Cheers, >>> tod >>> >>> >>> >>> On Mar 29, 2018, at 8:22 AM, Tod Hopkins >>> <[log in to unmask] <mailto:[log in to unmask]>> >>> wrote: >>> >>> If you are asking for a purely legal answer, you are on the wrong >>> track, though it may be the easiest answer. This is really a >>> moral, ethical, and aesthetic question and should be treated as one. >>> >>> Legally, placing the words on or near the photo has no >>> significance. Further, unless the museum created the work in >>> question, it is legally wrong for the museum assert copyright. >>> That’s the end of the issue as far as the law is concerned. >>> >>> However, there is a creator and you do have an ethical obligation >>> to “credit” the creator if it was not the museum. You do not need >>> to credit yourself. It’s your exhibit. You don’t need to take >>> credit for every photo in it. >>> >>> But don’t put the credit on the photo. That’s defacement. You >>> wouldn’t do this to a painting. Why would you do it to a photo? >>> Just because you can? >>> >>> Copyright is entirely about money, the protection of one’s >>> monetary interest in an original work. If there is no, or little, >>> monetary interest, wasting time on issues of copyright is usually >>> a waste of energy. Yes, there are rare occasions where copyright >>> is asserted as a matter of artistic control, but it’s important to >>> remember that copyright law is explicitly about monetary interests. >>> >>> Is there a real monetary interest? Would you or someone else be >>> willing to sue over it? If so, you need to worry about copyright. >>> If not, it’s really just an ethical issue of proper credit. >>> >>> >>> Cheers, >>> tod >>> >>> >>> Tod Hopkins >>> Hillmann & Carr Inc. >>> 2233 Wisconsin Ave., NW >>> Washington, DC 20007 >>> 202-342-0001 >>> >>> >>> >>> Cheers, >>> tod >>> >>> >>> Tod Hopkins >>> Hillmann & Carr Inc. >>> 2233 Wisconsin Ave., NW >>> Washington, DC 20007 >>> 202-342-0001 >>> >>> >>> >>> On Mar 23, 2018, at 3:48 PM, Ashley LaVigne >>> <[log in to unmask] <mailto:[log in to unmask]>> >>> wrote: >>> >>> Hello everyone. I have a question re: copyright. Our museum >>> displays historic photographs in townships across our county and >>> we were recently asked to help create tour kiosks along a bike >>> trail. These will contain roughly 100 images. My director is >>> adamant we now place a copyright tag on every single image, >>> including the ones we will print and mount in our gallery >>> displays. I think these look tacky and take away from the images, >>> but he is convinced people will steal these images and reproduce >>> our images for their own use/financial gain--thus saying we might >>> as well not even house photos in our collection or sell them >>> because everyone will have them. I personally think this is a bit >>> dramatic. I was under the understanding that these photos are >>> copyrighted regardless, and that ownership would have to be proven >>> should we find someone reproducing our images anyway? >>> >>> Can anyone offer advice so when the subject arises again I can >>> understand it better? I have been reading copyright laws, but I >>> guess I need something laid out in a way I can easily understand. >>> >>> Please feel free to contact me off list. >>> >>> Thank you! >>> >>> Best, >>> >>> Ashley LaVigne >>> >>> ========================================================= >>> Important Subscriber Information: >>> >>> The Museum-L FAQ file is located at >>> http://www.finalchapter.com/museum-l-faq/ >>> <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] >>> <mailto:[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] >>> <mailto:[log in to unmask]> . The body of the message >>> should read "Signoff Museum-L" (without the quotes). >>> >>> >>> >>> >>> To unsubscribe from the MUSEUM-L list, click the following link: >>> http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1 >>> <http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1> >>> >>> >>> To unsubscribe from the MUSEUM-L list, click the following link: >>> http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1 >>> <http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1> >>> >>> Julie Barcal >>> American Sokol Archives >>> >>> >>> >>> >>> >>> To unsubscribe from the MUSEUM-L list, click the following link: >>> http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1 >>> <http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1> >>> To unsubscribe from the MUSEUM-L list, click the following link: >>> http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1 >>> <http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1> >> Julie Barcal >> American Sokol Archives >> >> >> >> >> >> To unsubscribe from the MUSEUM-L list, click the following link: >> http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1 >> <http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1> >> To unsubscribe from the MUSEUM-L list, click the following link: >> http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1 >> <http://home.ease.lsoft.com/scripts/wa-HOME.exe?SUBED1=MUSEUM-L&A=1> > Julie Barcal > American Sokol Archives > > > > > > ========================================================= > 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).