[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Re: use of postcards on a commercial website



In a message dated 03/21/2001 1:37:56 PM Eastern Standard Time,
kevin.logan@LAKELANDGOV.NET writes:

<< Aside from copyright concerns, I have a general unease about the
 appropriateness of commercial use of materials from our collection. >>

Why would it be inappropriate for a commercial concern located in your area
to use material found within a public library? Does the public library
generally restrict the materials that can be used by commercial concerns?

You are right to be concerned about materials for which the copyright is
unclear, HOWEVER, look upon this as an opportunity to publicize the special
collections. Remember there have been many discussions on how to publicize an
archives. This is a golden opportunity for you.

FEES
<<are we within our rights to charge a "use fee" for her use of the postcards
on
her website?  What would be an appropriate fee?  Should we charge a per
image fee or a flat fee?>>

Sounds as if you do not have "user fee" or schedule currently in place. You
need to work with the library administration as well as the city government
to insure a fair fee schedule since public funds are no doubt being expended
on the collection. The fee schedule should apply to everyone not just
commercial concerns.  Some people might argue that why should they pay a user
fee when they are already paying taxes. Be prepared for that argument.

A possible solution is to work with your Library's  Friends group work if you
have one. Most public library monies collected (fines, fees, etc) generally
serve as an offset to the money budgeted by the government (in my
experience). Money donated to a Friends group stays with that group and does
not count against the budget. Thus the Friends can purchase items for the
library and also not fall under restrictive low bid purchasing rules or sole
source requirements So a possible solution would be to say that the use fee
is donation to the Friends that will be used to purchase
preservation/conservation materials or new items for the collection.

Remember to always ask for a credit line. Make sure that it appears
underneath each image, doesn't have to be a large font, could even be
hyperlinked to your site thus promoting your latest exhibit
http://library.lakelandgov.net/speccoll/tigers/index.htm

Since you are located in Florida the use fee issue may run up against your
state's public records laws but I will leave that question to Dean DeBolt or
someone else from Florida to answer.

Finally in my past I always looked favorably on commercial users of
collections. They can become a resource identifying future collections or
even serving as an 'angel' if special funding is needed. just my two cents
worth


Peter Kurilecz
Richmond, Va
pakurilecz@aol.com

A posting from the Archives & Archivists LISTSERV List!

To subscribe or unsubscribe, send e-mail to listserv@listserv.muohio.edu
      In body of message:  SUB ARCHIVES firstname lastname
                    *or*:  UNSUB ARCHIVES
To post a message, send e-mail to archives@listserv.muohio.edu

Or to do *anything* (and enjoy doing it!), use the web interface at
     http://listserv.muohio.edu/archives/archives.html

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