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copyright questions



Boy, Tom is just full of interesting questions!  For the ones out of
the salvaged building, I agree with one poster; maritime salvage
applies!  Seriously though, who's going to dispute it?  Did you ask
the dealer, from whom you bought the photos, for a statement to
the effect that they were rescued from a building to be torn down?
This is one of those that you just go ahead and make the
assumption that you have the rights and hope it doesn't come back
to bite you.  I honestly don't see what else you can do aside from a
long, and probably futile, effort to track down the photographer.

As for the digital copyright question, this is another oh-so-grey
area; we have many collections now that are, in the felicitious
modern phrase, "digitally born."  (Not digitally boring, that's
something else entirely!)  With scanning being what it is these
days, we've added considerable numbers of images to our
collections from donors who didn't want to donate, per se, but were
willing to let us copy them.  Fortunately, by this point we'd wised
up enough to secure a right or rights to use the collection, and so
far it hasn't been a problem.  In our paperwork we usually say
something like "digital images only; originals retained by donor.
Copyright NOT assigned to the University of Utah" blahblahblah.

Don't we all just love copyright questions?


Roy Webb, C.A.
Multimedia Archivist
Special Collections
J. Willard Marriott Library
295 South 1500 East
University of Utah
Salt Lake City, Utah   84112
(801) 585-3073  //  fax (801) 585-3976
rwebb@library.utah.edu

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