The Natural History Museum actually is not trying to copyright specimens
or specimen data. It is controlling access to such materials and setting
out conditions for photography and other reproductions of the material.
This is certainly within the museum's rights as owner of the material.
They are saying, "we will give you access to make an image of this
material, but only under the following conditions..." The individual
seeking such access then has the opportunity to agree to the museum's
conditions (giving up their copyrights to any image they make, etc.) or
not. The museum no doubt offers its own photographs, etc., of the
specimens for a fee, and they are protecting their market for this
material.
This is actually a more liberal policy than one that simply states "no
photography allowed in the gallery", because it may allow scholars,
collectors, etc., to take photos for their own use.
Hopes this helps clarify the situation,
Linda Baden
Associate Director, Editorial Services
Indiana University Art Museum



On Thu, 15 Apr 1999, Sally Shelton wrote:

> I have posted this from correspondence sent by Lynn Kimsey and
> cross-posted it to NHCOLL-L.
>
>
>
> In 1998 the Natural History Museum (London) instituted a new
> regulation regarding its collections, which prohibits the image
> recording of any of its specimens or specimen label data by
> photography  or digital imaging, unless an institutional
> permission statement was signed and fees paid every time
> the image was used. The Museum is  in essence declaring that the
> museum holds copyright to each specimen and associated data.
>
> The permission document is as follows:
>
> *****************************************
> COPYRIGHT DECLARATION
>
> I undertake, if required, to provide the Natural History Museum
> with copies of all photographs or electronic images that I take
> of Natural History Museum specimens and their labels.
>
> I cede Copyright and Publication Right in all such photographs
> or electronic images of specimens, labels and associated data
> belonging to the Natural History Museum to the Trustees of the
> said Museum.
>
> I will obtain written permission from the Natural History Museum
> and pay the required fee before any such photograph or image
> is reproduced or copies in any way, including digital scanning.
>
> ************************
> On the face of it one can see a certain legitimacy in this policy
> for commercial collection use. All of us have addressed this
> kind of use in different ways. However, the implication that one
> can copyright specimens and specimen data has much broader
> legal implications which can do some serious damage to scientific
> research and specimen accesss.
>
> I think this issue needs some serious international discussion.
>
> Sincerely,
>
> Lynn S. Kimsey
> Director
> Center for Biosystematics
> Bohart Museum of Entomology
> University of California
> Davis, CA 95616 USA
>