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model releases, etc.



You need the individual workers to sign model releases.  The factory must
sign a property release, enabling you to use the photographs taken on and
about their property.  Sign the papers at the time the photos are taken, do
not wait for processing.  The photographer must also assign you the
copyright. Without all three papers, the photos cannot be used without
exposing yourself to liability.  If no copyright assignment is made, the
photographer by default is the exclusive owner of the copyright and all uses
made by you are an infringement.

Once you get the images, register the copyright yourself with the library of
congress.  The best way to do that is to compile them all on a CD and
register the CD.

It is not necessary to have the releases notarized.

If you are using professional photographers, they will likely balk at
assigning copyright (which is entirely understandable and within their
rights.)  Sort these issues out before taking any pictures (in other words,
get the contract signed before the photography is done.)  The only exception
is if your photographer is a salaried staff employee according to IRS
definitions (not an independent contractor, or "stringer") and you buy the
film (rather than paying the photographer for the film costs after the
shoot.  Your institution should have accounts at a pro photo supply and
processing company.)

About copyright: Photographers tend to negotiate for each use.  For example,
they may give you a one time only use agreement.  Beware that web archiving,
reprints, and collateral are infringements.  Have a clear idea of what
rights you need and what you don't need.

I should point out that I am not a lawyer and it is not legal for me to give
legal advice, so this is just to encourage you to be aware of the issues and
look into it yourself.
--
Thomas Robinson
441 NE Jarrett
Portland OR 97211-3126

visit my website at
www.HistoricPhotoArchive.com

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