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Re: Intellectual Control/Third Party Negotiations



On Mon, 15 Apr 2002 13:01:06 -0400, Robert Russell <rmrussell52@HOTMAIL.COM>
wrote:


>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.

I think there has been some discussion in the past on the subject of
permanent loans or long-term loans. YOu might check the listserv archives.
If I remember correctly the general consensus was

 'Don't do a permanent loan unless the individual making the loan is willing
to provide funds for the preservation and maintenance of the materials.
Otherwise the institution will expend monies, manpower and materials to
preserve material that may be removed at some future date.'

I remember posting c. Dec 2000 excerpts from "A Gentle Madness" concerning
just this sort of situation at university somewhere in the South. The
original donor had permanently loaned material to a university, many years
later the heirs discovered the item or items and asked for proof of the
loan. Nothing could be found, the material was returned to the heirs.

You definitely want to have legal counsel involved in the negotiations to
insure that whatever agreement is agreed upon will protect your
institution's interests.


Peter Kurilecz
pakurilecz@aol.com

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