I would recommend that you have an intellectual property attorney look at
your documents and procedures. Each case is different and state laws vary
significantly enough to preclude a general answer. I would be surprised,
however if you would get much Napsterism at a n historical society,
especially if your procedures are user friendly and costs are reasonable.
Also, don't worry about making a profit-any profit would just help offset
the society's deficits.
nburlakoff

-----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]]On Behalf
Of Kathleen Wadell
Sent: Wednesday, October 22, 2003 1:59 PM
To: [log in to unmask]
Subject: Photo Usage

Hi Everyone,

I'm in a bind, and I wonder if you could give some advice.  The
president of our small historical society has asked me to review our
photo use policy.  He's afraid that we will end up "getting into a
Napster-like environment", where our images will be posted online
without credit (or payment) to us.

Currently, we will provide a prints or .jpg's to people who are going to
use the photo in a publication or exhibit. We request that the CD be
returned to us within a month.   We also provide prints of images for
private and scholarly use, which the patron may keep.  In both cases, we
charge a small fee for the supplies and manpower needed to produce a
print or .jpg.   In the case of publication, we also charge a use fee
and require that the patrons sign a use agreement.  They agree to use
the image a single time, and to give proper credit.

I'm under the impression that the use agreement is sufficient, but I'm
no really sure.  Is it? Do we need to worry about people posting our
photos online?  If so, how can we protect against this happening?
Finally, I feel a little squeamish about viewing our collection as a
profit- making asset.  Am I just being overly sensitive?

Thanks!

Katie Wadell
Berkeley Historical Society

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