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FW: Photo Copyright Summary



"Can you summarize any replies you've received??  The following web
sites deal with copyright issues, if you have not seen them already.
Thanks."
-----Original Message-----
From: Sacharski, Susan [mailto:ssachars@nmh.org]
Sent: Thursday, January 10, 2002 9:22 AM
To: 'E. Taylor'
Subject: RE: Photo Copyright


To Susan [and List]:

Sure!!

I received three Responses:

First response:  "I have a few thoughts about your query.  We have used
photos from our
oral histories as well as photos from a collection (like Congressman
Beilenson's) for our website and for an exhibit.  My understanding is
that if you have the photographer's name (i.e. it's stamped or written
on the back of the photo) you need to give that person credit.  We also
sent letters to people we planned to used photos of or who took the
photo just to let them know what we were planning to do and give them
the opportunity to say no.  So far we've never heard back from anyone
saying they didn't want their photo used on our website or in an
exhibit.  I'm not absolutely sure but I think the letter was basically a
courtesy but not a requirement.  The Oral History Program takes the
approach that if we use any interview materials (including the photo)
for something other than the bound transcript we let the person know."

Second response:  "If the photos are stamped on the back with "White
House Official Photo", this means the photo was taken by a
government-paid photographer...and therefore, is not copyrightable.
Just credit the White House as the source.  Get in touch with the
presidential library from the period in question..."

Third response:  "The quick answer, provenance...if the collection in
question, and therefore holdings within that collection, have a line of
ownership and creation of the items within, that is the key.  If in
doubt, you can always publish a disclaimer, tying anything used on your
website, about the collection, that the materials are housed within the
university's collection, and any question or concern or claims, ask your
school's atty on what disclaimer rhetoric to use...again, the key is
that the material is housed and contact within the congressman's
collection and provenance is claimed via that modality.  Anyone wishing
to challenge the copyright or provenance...they can contact the
archivist..."


Some darn good ideas and much appreciated!!!

And, Susan, thanks so much for the websites!!!  If I learn more, will
gladly forward it on to you...



Evelyn




> -----Original Message-----
> From: E. Taylor [SMTP:hustin1@GTE.NET]
> Sent: Saturday, January 05, 2002 10:38 PM
> To:   ARCHIVES@LISTSERV.MUOHIO.EDU
> Subject:      Re: Photo Copyright
>
> Dear Listserver members:
>
> Hello and Help!!
>
> I have attempted but to no avail (at least not yet) to find the answer
> to my seemingly easy question and so now, bring the matter to ye, the
> wisest of the listserver.
>
> I am currently working for a university (my first archival job-
yea!!),
> processing a former (term ended 10 years ago) congressman's papers.
I
> want to create a website for the finding guide, etc. and have some
> wonderful photos, which would be great for artistic effect.   There
may
> be a problem with copyright/reproduction/permission issues, however.
>
> Only some of the photos have the names of the photographers on the
> back.  Several of the photos go back to the '50s and '60s.   Most of
the
> later-dated photos I want to use were obviously taken by press (or
White
> House)  photographers.
>
> If I am not able to get in contact with those photographers whose
works
> I can identify (and to that extent, the question also applies to those
I
> can't), may I still use the photos on the website??
>
> I have checked the State (CA) website and just went 'round and 'round
on
> it.  I also called the Copyright Office in D.C. -- and got absolutely
> nowhere.  Spent time on the internet, until my fingers turned blue.
I
> have not contacted the White House yet.
>
> Surely, there is a quick and easy answer to this dilemma???
>
> Thank you so very much!!
>
>
> Evelyn Taylor
> Cal. State Univ., Channel Islands
>
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A posting from the Archives & Archivists LISTSERV List!

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Or to do *anything* (and enjoy doing it!), use the web interface at
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Problems?  Send e-mail to Robert F Schmidt <rschmidt@lib.muohio.edu>