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Re: ownership of records



Do you have a policy that defines your collecting scope and the
circumstances under which you accept materials?    If so, it may state that
you do not collect materials to which you do not have clear title. That
would eliminate this collection on two fronts.  The collecting scope will
usually spell out what materials you do accept, and if city agency records
are not specified as something you do collect, the policy can support you in
turning such a collection down when it is offered.  Many policies state
clearly that the archives or repository does not accept materials on
permanent or open-ended loans.  If you don't have such a policy, see if you
can get one written --or amend the one you have -- to cover your current
situation.  It probably won't bring an immediate resolution, but can perhaps
be applied at some future point to "deaccession" this particular collection
which doesn't fall within your collecting parameters.  Good luck.

Catherine Bruck
University Archivist
Illinois Institute of Technology
Paul V. Galvin Library
35 W. 33rd St.
Chicago, IL  60616
312/567-6840
312/567-5318 (FAX)
bruck@iit.edu

-----Original Message-----
From: Archives & Archivists [mailto:ARCHIVES@LISTSERV.MUOHIO.EDU]On
Behalf Of Rob M Dishon
Sent: Monday, July 30, 2001 11:47 AM
To: ARCHIVES@LISTSERV.MUOHIO.EDU
Subject: ownership of records


Dear Listers-

As I write i am surrounded by Lawyers from a city agency who's records we
have accessioned.  They are sorting through processed files looking for
"smoking guns", ie material, they as lawyers, feel should not be available
for public research.

Now that you have all gotten back on your chairs, i am ready to tell you the
bigger problem.  We dont own these records.  Legally another city agency
should be caring for this documents.  However, through a series of talks and
agreements they are here on "permanant loan".  They legally belong to the
city agency to whom they should have been sent.  That of course brings up
all kinds of issues of permissions, copyrights, etc.

What i really need to know and would appreciate so that i can pass this
along to my direct supervisor is how many of your other archivists would
have accepted a collection that you did have control over and were in fact
nothing more than the night watchman for?  When all is said an done we will
have paperwork authorizing the "permanent loan" but would anyone else have
put themselves in this situation?

Rob (Just wondering) Dishon
Archivist

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