>
> On the subject of retaining copyrights to a photo that is donated to a
> museum...I believe  that that would depend strongly on the agreement made
> between you and the museum.  So museums "Deed of gifts" are only Transfers
> of title for the print itself.  Others that I know of specifically state
> that the donor is relinquishing all title, cpoyright and trademarks.  I am
> not a lawyer and resonably new to the museum profession, but that is my
> understanding from my experience.
>

Absolutely - any acquisition or donation of photographs (or other "works" -
original maps, architects drawings etc as well as "artworks"), if from the
copyright holder, should include a transfer of copyright so as to make your
life a lot easier.

Just because a physical work has been donated doesn't mean the copyright has
been transferred as well. It needs to be done explicitly, because the
copyright doesn't reside in the physical work itself - but rather with the
creator (or their estate) or a later owner of the copyright (government and
corporations can also hold the copyright in works - especially if the
creator/author was employed by them).

Obviously, if you are acquiring the works of say a photographer, directly
from them or their estate, this can be straightforward. But if you were to
acquire a collection of works - for example from someone who collected
photographs and artwork, and it included perhaps an original print by Edward
Weston, it would be unlikely the donor owns the copyright on that work, even
though they may own the print. The copyright would still reside in that case
with someone like the Estate of Edward Weston. So even though your
institution now owned the print and displayed it, you couldn't provide
copies of it, or sell posters or postcards without permission.

tim

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