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Re: advice needed - book publication



You have good reason to be concerned.  The central problem with this request
is that the petitioner is presuming to dictate not only the terms of use,
but also physical control of the original photographs.

An archive should never release originals to another party unless it is
under a detailed loan agreement with another archive,museum, or other
reputable institution that meets the lending institution's specifications
for shipment, storage, exhibition, insurance, etc.

Archives should always have their own permissions/use forms that ask the
petitioner to describe their proposed use, and that clearly spell out the
conditions of use (almost always one-time and non-exclusive).  This form
will allow two things to happen:  First, the archive can decide whether or
not it wants to allow material to be used in the manner indicated; and
second, the archive can dictate the precise terms under which the materials
are published.  Most agreements will include a hold-harmless clause that
protects the archive from any and all legal claims and expenses that may
result from the proposed use.  Of course, most petitioners would prefer that
you sign a document of their own creation that indemnifies them and grants
liberal and sometimes exclusive rights.  I would advise against ever signing
a permissions document produced by another party.  It is not a question of
being uncooperative; it is a question of fulfilling your duty toward the
materials under your protection.

Peter F. Schmid, CA
Photograph Archivist
Nantucket Historical Association
Nantucket, MA 02554
phone 508-228-1894
fax 508-228-5618
pschmid@nha.org

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