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Re: Scanning photographs in archival collections



As a preliminary response to your posted question on scanning of
photographs, perhaps a good place to start the discussion is to refer to the
Digital Millenium Copyright Act of 1998 which for the first time permits
libraries and archives to produce digital copies of copyrighted items for
preservation purposes, but these scanned images must remain on the premises
of the archives or library. See Arnold Lutzker's report on the Digital
Millenium Copyright Act and its relevance for archives and libraries. I
found the report at http://www.arl.org/info/frn/copy/primer/html. On page 20
of the 28 page report, Section VIII titled Section 108 Library Exemption
Update, Lutzker summarizes that in contradistinction to the past when
libraries were limited to making facsimile only copies, they may now make
digital copies. However, unpublished works cannot be distributed in digital
format to the public off the library premises. The public is allowed to
receive for off-site use, only a printed or facsimile copy. Therefore, my
understanding of the new copyright law is that the library and archives
privilege does not extend to selling reproductions of scanned copyrighted
images, much less release permission for such reproductions to go on the
web. I found the text of the updated statute at
http://www.iupui.edu/-copyinfo/sec108.html.  Of course, all this is just a
point of departure for your question. Fruma Mohrer, Associate Archivist,
YIVO Archives

> -----Original Message-----
> From: mj [SMTP:mj@ASTRO.TEMPLE.EDU]
> Sent: Tuesday, February 08, 2000 11:21 AM
> To:   ARCHIVES@LISTSERV.MUOHIO.EDU
> Subject:      Scanning photographs in archival collections
>
> I rarely post but always read.  I have been asked, by the Administration
> to:
>
> 1) ask how do others feel about allowing scanning of photographs housed in
>    your collections.
>      a)  do you allow it?
>      b)  do you let patron scan or do you have a scanner and do it for
> them?
>      c)  do you charge per scan?  if so how much?
>
> 2) Now the BIG question -- how do you handle copyright?
>      a)  do you require the patron to include the copyright notice on/with
>          scanned photo?
>      b)  do you have patron sign a form saying this is one time use only
> or
>          something like this (if so would you be willing to share form?)
>
> 3) Quality of scanned image/Web use
>      a)  do you request image be scanned at low resolution?  If so what
> dpi
>          do you suggest?
>      b)  how do you handle copyright when patron says it will go on the
> web?
>      c)  do you allow full size or thumb-nail only for web use?
>      d)  do you charge when images are included on web?  If so how much?
>
> Personally I have a problem allowing scanning and allowing our images to
> go on
> the web -- preservation issues, copyright issues, control issues.  I do
> know
> about watermarking and of course low resolution, but I still have
> reservations.
>
> Any comments would be greatly appreciated.
>
>
>
> __________________________________________
> Margaret Jerrido,Archivist & Head of
> Urban Archives, Paley Library
> Temple University, 1210 W. Berks Street
> Philadelphia, PA  19122
> voice (215/204-6639; fax (215/204-3681
> e-mail  mj@astro.temple.edu
>
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A posting from the Archives & Archivists LISTSERV List!

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Problems?  Send e-mail to Robert F Schmidt <rschmidt@lib.muohio.edu>