Robin,
The short answer is no. What I have is anecdotal information and a
sample photographer agreement that was included in the sourcebook for
last year's American Law Institute-American Bar Association, Legal
Problems of Museum Administration. The sourcebook, which includes lots
of other legal-type goodies for museums, can be obtained from ALI-ABA
(1-800-CLE-NEWS or www.ali-aba.org) for $80. As an aside, this year's
meeting will be March 11-13 in Seattle, WA. Tuition for the program is
$585.
Nevertheless, there is an obvious and increasing need within the museum
community for such resources. That's why AAM along with the J. Paul
Getty Trust currently is working on "Intellectual Property: A Primer for
the Field." Made possible by a generous grant from the Pew Charitable
Trusts, this publication, with a target date of August 1999, will be
distributed to all of the approximately 8,200 museums in the Official
Museum Directory for FREE. There also will be a Web version. For more
information on this project visit AAM's Website at www.aam-us.org. Note
that the College Art Association is working on a similar project.
In the meantime, following are a few copyright resources currently
available:
- An excellent museum-specific discussion of copyright issues is
contained in "A Legal Primer on Managing Museum Collections" (2 Ed.
1998, by Marie Malaro). The copyright portion was authored by Ildiko
DeAngelis former Assistant General Counsel at the Smithsonian
Institution and the current head of the museum studies program at the
George Washington University in Washington, DC. The roughly 500 pp.
book is available for $25 member/$27.50 nonmember (a steal) through
AAM's bookstore 202/289-9127.
- There are three excellent articles on "fair use" posted on the AAM
Website (www.aam-us.org) under "hot topics."
- AAM offers a professional education course entitled "Current Issues
in Intellectual Property Seminar," which has received rave reviews. The
most recent one was just held Dec. 3-5 in San Francisco, CA. AAM likely
will offer this seminar again next year.
- Several other copyright resources/Websites and gateways to further
information:
Copyright Crash Course, University of Texas
http://www.utsystem.edu/ogc/intellectualproperty/cprtindx.htm
Museum specific, written for AAM's Intellectual Property Seminar
last year:
http://www.utsystem.edu/ogc/intellectualproperty/museum.htm#specific
National Initiative for a Networked Cultural Heritage (NINCH)
http://www-ninch.cni.org/
U.S. Copyright Office
http://lcweb.loc.gov/copyright/
U.S. Patent and Trademark Office
http://www.uspto.gov/
Final Conference on Fair Use Report (CONFU) with selected
bibliography and resources:
http://www.uspto.gov/web/offices/dcom/olia/confu/index.html
Copyright & Fair Use, Stanford University Libraries
http://fairuse.stanford.edu/
COPYRIGHT MANAGEMENT CENTER on the Campus of Indiana University-Purdue
University Indianapolis, http://www.iupui.edu/it/copyinfo/
"Copyright & Fair Use, The Great Image Debate," Visual Resources: An
International Journal of Documentation. Vol. 12, Nos. 3-4, 1997.
http://oregon.uoregon.edu/~csundt/vrcfu.htm
Barry G. Szczesny
AAM Government and Public Affairs
(Not an official AAM communication)
Barry G. Szczesny, Esq.
Government Affairs Counsel
Government and Public Affairs
American Association of Museums
1575 Eye Street, NW
Suite 400
Washington, DC 20005
202/289-9125 Phone
202/289-6578 Fax
[log in to unmask] E-mail
http://www.aam-us.org Website
> -----Original Message-----
> From: Robin Le Van [SMTP:[log in to unmask]]
> Sent: Thursday, December 10, 1998 10:19 AM
> To: [log in to unmask]
> Subject: Re: Reproduction rights for magazine ads
>
> Hi, Barry. Is there somewhere on the web where small museums could
> access
> this information? Thank you!
> Robin Le Van
>
> -----Original Message-----
> From: Museum discussion list [mailto:[log in to unmask]]On
> Behalf Of Barry Szczesny
> Sent: Wednesday, December 09, 1998 2:09 PM
> To: [log in to unmask]
> Subject: Re: Reproduction rights for magazine ads
>
>
> In general, following is a common museum practice:
>
> 1. For a commissioned work or an independent contractor, a signed,
> written agreement stating that the product is a "work for hire" and
> thus
> any copyright will belong to the museum.
>
> 2. In addition, for added protection, a provision assigning any
> copyright to the museum.
>
> Barry Szczesny
> AAM Government Affairs
> (Not an official AAM communication)
>
> Barry G. Szczesny, Esq.
> Government Affairs Counsel
> Government and Public Affairs
> American Association of Museums
> 1575 Eye Street, NW
> Suite 400
> Washington, DC 20005
>
> 202/289-9125 Phone
> 202/289-6578 Fax
> [log in to unmask] E-mail
> http://www.aam-us.org Website
>
>
>
> > -----Original Message-----
> > From: Tim McShane [SMTP:[log in to unmask]]
> > Sent: Wednesday, December 09, 1998 12:08 PM
> > To: [log in to unmask]
> > Subject: Re: Reproduction rights for magazine ads
> >
> > I'm no expert on copyright law (I have enough trouble with the
> > Canadian Copyright Act, and no knowledge of American copyright
> > laws),
> > but it's my understanding that if an organization commissions a
> > photographer to make a photograph, copyright is held by the
> > organization.
> >
> > Can anyone else clarify if copyright is an issue that needs to
> be
> > addressed in this situation?
> >
> >
> >
> > Tim McShane
> > Parks Canada Curatorial Assistant
> > (also, Co-Chair of the Arrow 2000 Project Museum Division)
> >
> >
> > ______________________________ Reply Separator
> > ____________________________
> > _____
> > Subject: Re: Reproduction rights for magazine ads
> > Author: Museum discussion list <[log in to unmask]>
> > (Maureen
> > Daly
> > <[log in to unmask]>) at PCH
> > Date: 12/9/98 3:02 PM
> >
> >
> >
> >
> >
> > Candace:
> >
> > The fee you charge can be anything really. Are the requests coming
> > from
> > an ad agency? Then your "market" for comparison is the stock photo
> > market. I do have another question for you . You said that a
> > commercial
> > photographer took the original photo. Is he or she getting a fee?
> > They
> > should since they have the copyright and your usage was okayed by
> > him/her. Assuming the photographer has a fee, that should be
> factored
> > into the rate you charge, assuming you handle getting his
> permission.
> > All this is mute if he/she transferred all rights to you.
> >
> > Maureen Daly
> > William F. Eisner Advertising & Design Museum
> > Milwaukee WI 53202
> > 414-276-7889
> > [log in to unmask]
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