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Intellectual Control/Third Party Negotiations



A Question for All on the Listserv:

We are currently in negotiations with a prominent resident of the city and have encountered some unfamiliar territory. I am hoping someone can be of assistance.

Two issues have arisen:
1) This person is uncomfortable about transfering intellectual control of their materials. They are hoping to establish a long term or permanent loan status, but not transfer ownership. Does anyone have experience with this type of situation, and if so would you be willing to share the pros/cons of the transaction? Also, the wording of the agreement reached would be invaluable.

2) This is the larger of the two challenges. This individual has proposed the establishment of a foundation to act on their behalf in this matter. Until now, we have not dealt with a third party in negotiations re. a collection. We are concerned with potential legal issues arising, in addition to a very complex transfer of materials. Does anyone have experience dealing with a third party negotiation involving a long term or permanent loan? What are the pros/cons you encountered in this transaction?

I am hoping for some personal experiences or possibly references to articles in professional literature that may apply.


Thank you in advance.  Feel free to respond on or off the list.


Robert M. Russell
Archivist, Conservation Collection
Denver Public Library
RRussell@denver.lib.co.us


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