Feltus, Pamela's electrons arrived as:

>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?

While it may be legally and technically true, it makes no common sense.
Too bad our courts make small good laws that create huge bad
bureacracies.  If a family donated their pictures to a museum, it is
likely that they would not mind if the museum used them in an exhibit or
publication -- and in most cases they would likely be honored.

Of course a museum lawyer cannot assume that every donor will be so
agreeable, but even assuming one did raise objections, what would be the
cause for damages if the images were used in an exhibition or publication
that was not-for-profit?

It seems that the good will a museum will inspire in its donors by
sharing their gifts with the public is in fact the greater loss-risk, if
the museum refuses to do so based on the fear of an unlikely suit.

     ______________________________________________________________
     S t e p h e n    N o w l i n    V.P., Director,
                                     Williamson Gallery

                                     Creative Director, ACCD online
     Art Center College of Design    www.artcenter.edu
     ______________________________________________________________

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