Dear list users,

An archives volunteer has come to me with a question about her family's
donation of artwork to another museum, and the response is beyond my
experience and expertise. Well, of course the correct response is "I'm
sorry, this is beyond my experience and expertise!"  But she brings up a
good point, and I'm sure someone is reading who can provide the appropriate
reference.

An attorney for the receiving museum has drawn up an agreement for the heirs
of the original donor, since a deed of gift was not prepared at the time of
the donation several decades ago.  The heirs are not opposed to the museum's
ownership and are quite willing to deed the item officially, but the twist
has to do with digital images produced of the original artwork. The museum
wishes to make digital reproductions of the artwork that are fully owned by
the museum, and asks the heirs to sign an agreement to digital reproduction.
The only restriction mentioned in the agreement is against use of the
digital reproduction by the company doing the digital imaging.

Her question is, should a use agreement for the museum's patrons be part of
this agreement? What would be appropriate language to expect to see in a use
agreement?  Her concern, of course, is that once the image is available
electronically, what is to stop anyone from using it indiscriminately.  She
sees that we have a use agreement for museum images at our institution, with
fees and restrictions, and wants to make sure her grandfather's artwork is
similarly protected.  She also sees that under our deeds of gift, donation
are unrestricted and the donor has no further say about the museum's use of
the donated item. I am scheduled to take a digitization course of
instruction that will include planning and policy, but this will take place
a month from now. The document of agreement is in her hands now for signing.

Any advice for our excellent volunteer? Of course if someone from the
receiving museum is reading this, they may wish to respond off list to me
(she does not use email).  Thanks for any information or references you can
provide.

Micki Ryan
Curator
Highline Historical Society
Burien WA
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