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Summary of replies of advice on publishing (long)



Good morning!

A couple of weeks ago I asked for help concerning a proposal from a book
publisher. The publisher (not Arcadia Publishing, in response to several
who asked) was offering to publish a book that we would develop from one of
our major photograph collections. Their initial contract contained some
clauses that we were looking at askance, such as a prohibition against
publishing anything involving the contents of the book and having
photographs sent to them for scanning and reproduction.

Here is a summary of the 18 replies I got:

People who cited involvement in similar publishing situations: 6 (one from
the publisher's perspective)

Their experiences:

Original photos were sent out under strict documentation and only when a
publication date had been commtitted to in advance: 1

Publishing proposal died when publisher wouldn't pay a $1500 advance to have
copies made of photographs that they wanted to use: 1

Publisher accepted copies only, and paid to have them made if none were
available: 1

The Archives made any revisions, substitutions or deletions needed to
resolve unacceptable clauses in the publisher's contract: 1

Recommdendations concerning publisher's use of photos:

Do not send out originals to the publisher: 12 (one makes an exception for
duplicate copies of original slides; there were no other exceptions given)

Have copy prints made by a photographer on site: 2

Have a staff member take photos to a reputable photographic service and stay
with them during copying: 1

Publisher inspects photos on site and selects what they want from
photocopies. The Archives does the reproduction in whatever form the
publisher needs and ships the reproductions to the publisher: 1

Send slides or copies made from the photos to the publisher so they can
choose what they want: 1

Include one-time use rights printed on the margins of all images sent for
publication (1) or put a copyright statement label on the back of each image
sent (1)

Publisher pays for all costs of photocopies, slides, and copy prints: 5

Include in the contract the right to recall the photos from the publisher: 1

Terms indicate that publisher has no idea of how much a photograph can be
worth: 1

Have publisher sign your agreement concerning duplication and publishing: 3

Recommendations concerning restrictions:

Use of the photographs by other researchers cannot be limited at the
publisher's demand: 4

Future books not to include all the photographs in the same order: 1

Grant one-time publication rights only: 5 (one says to make sure this is
part of the contract; another also makes the rights non-exclusive; another
recommends including restrictions on future editions of the book and on
resolution of images used on a CD-ROM or website that the publisher may
produce. Again, there were no dissenting opinions.)

As owners of the originals, we have the right to use them as we choose (1)
and to dictate the manner and terms under which another party may use them
(2).

Their demands of exclusive use cannot be enforced: 1

Miscellaneous comments:

Make sure all financial arrangements are in the contract (they are): 3

Make sure we own copyright or that we have approval of copyright owner: 3
(One said that it is the publisher's responsibility to secure rights from
the photographer's heirs.)

Have your attorney review it: 2 (one said to get an attorney with book
publishing contract experience, and to show him/her the replies from the
List along with my concerns. Legal fees are easily recovered by the changes
he/she will make to the contract to protect us.)

The publisher is a user; they do not maintain the collection: 1

Get what you want and not what the publisher wants: 1

Quotable excerpts from replies:

"Trust me, they want the use of your photo more than you want it to be
published. I guarantee that they will cooperate with your terms." (Barbara
M. Kelly, Long Island Studies Institute, Rare Books & MAnuscripts, Hofstra
University)

"Thanks but no thanks, and there's the door . . . It's your collection; the
photographs are your repsonsibility; the forms and procedures to follow are
yours, not theirs . . . " (Roy Webb, C.A., J. Willard Marriott Library
Special Collections, University of Utah, Salt Lake City, UT)

"I would be very leary of this agreement." (Miriam Meislik, Archives of
Industrial Society, University of Pittsburgh; she also correctly suspected
that the publisher came up with these terms on their own without consulting
me first.)

". . . the [publisher] is presuming to dictate not only the terms of use,
but also the physical ocntrol of the original photographs . . . 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 in your protection." (Peter F.
Schmidt, Photograph Archivist, Nantucket Historical Association, Nantucket,
MA. Peter also included his "Application for Permission to Publish And/or
Reproduce.")

"[The prohibition against other uses] is a ridiculous statement for you to
sign off on. It doesn't make any sense." (Lisa Gibbons, Director, Maryknoll
Mission Archives, Maryknoll, NY)

"I once received a similar agreement that a patron expected us to sign. They
wanted us to grant them exclusive use of a photo, a copy of which we had
provided for them. I filed it away and never heard from them again." (Andy
Hempe, Houston Public Library Archives, Houston, TX)

"Judging by a couple of decades of experience as an archivist, if you try to
accomodate [the publisher], they will destroy your materials. Along with
Nancy Reagan, you should JUST SAY NO (emphasis his)." (Fred Lautzenheiser,
Cleveland Clinic Foundation).

Many thanks to everyone for their assistance.

Best wishes,

Thomas Berry, Archivist
Historical Construction Equipment Association
16623 Liberty Hi Road
Bowling Green, Ohio 43402
Phone 419-352-5616
Fax 419-352-6086
tberry@wcnet.org
http://www.hcea.net

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