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Re: photographer's agreement



We're faced with the same problem, Barbara.  But we are fighting the copyright battle on three fronts: development, publications, and scholars. 

It wasn't always this way, but now have an agreement with our photographer that all copyright transfers to us.  This is work for hire.  Copyright and negatives are ours to use when and how we see fit.  Period.  And this was not difficult to obtain.  It was phrased this way, "All copyright transfers to us, if you don't find this agreeable we will go elsewhere."  We're not asking for Pulitzer Prize photography that has the potential of earning millions here, we want artifacts photographed, events and building construction documented.

We had a photographer years ago who did work for us and no one ever thought of asking for copyright or negatives.  The result?  We request reprints and get the response, "We can't find that."  Oh great, this place is our "archive" and now they can't retrieve the image (and not just *that* one--everyone we've requested).  We vowed never to let that happen again.

Our real problem comes from both the inability to understand AND the obvious refusal to obey copyright regulations.  And this is maddening.  There is a state of mind here that believes when a photograph has been requested from a source and a fee paid for it that it's "ours."  "One time use" takes on a whole new meaning in the minds of some: "one time" has been rationalized to mean that since we requested it "once" we can use it forever.  (I'm *not* kidding.)

Some here think that since we paid for it, the copy belongs to us and we only need to get permission to publish it.  We can make all the reprints we want because we "own" the copy.  Need I express my panic when I accidentally saw a fax thanking the individual addressed for giving credit in a publication, but wondered how we got the image when we didn't pay reproduction fees?

We have a number of photographs that come in with archival donations that scholars just assume are *ours* for the taking.  But they're distressed (and I use this word as an understatement) when they're told they'll have to contact such and such a place for permission to use it.  "Oh it's from the fifties--it's public domain by now!"  Or we get donations from individuals who are actually giving us images that are really owned by someone else--but they don't know any better because they sign over copyright to us in the donation agreement! 

We're grappling with these and other related copyright issues and it makes for some tough going.  I'm glad that Barbara brought this up for I wonder if any of you have had to bring together a copyright policy that addresses multiple groups in *one* institution (i.e., publications, development, educational services, scholars, library services).  Needless to say we have an appointment to meet with a copyright attorney to address these issues, but our meeting with this individual would be enhanced by hearing some of your experiences.

Regards,
Susan

---
Susan Hamson
Archivist

Othmer Library of Chemical History
Chemical Heritage Foundation
315 Chestnut Street
Philadelphia, PA  19160-2702
Voice: 215-925-2222
Fax: 215-925-6195

The views expressed in this message are those of the author and not necessarily those of the Chemical Heritage Foundation.


-----Original Message-----
From: Barbara Niss (LIBRARY) [mailto:bn2@DOC.MSSM.EDU]
Sent: Wednesday, April 12, 2000 10:10 AM
To: ARCHIVES@LISTSERV.MUOHIO.EDU
Subject: photographer's agreement


Our development office has put me in a spot.  Two days ago I gave them the
speech about ' when they hire a photographer, make sure that they
sign an agreement that specifically gives the institution the copyright'
they called me today and asked me where the form was that I was talking
about because they have someone they want to hire.

So my question is: does anyone have a standard contract that their
institution uses with photographers that assigns copyright to the
institution?  Can you point me to a web site where there is one (my own
search was less than fruitful) or fax me a copy? My own public affairs
office is not a source for this.  I am still fighting the copyright battle
with them.

Thanks for any and all help!

Barbara J. Niss
Mount Sinai Archives
bn2@doc.mssm.edu
(212) 241-7239
fax: (212) 831-2625

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