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Re: Intellectual Control/Third Party Negotiations



Personally I will not take a collection on permanent
loan. All of the donor agreements I have negotiated
specify a date ownership will tansfer to my repository
(although that may be death of donor and spouse).
Find out why the donor is uncomfortable, perhaps
they wish to publish at some point, if so negotiate
a reasonable time in which the donor can do this.

If your donor wishes to maintain control in perpituity
through the foundation, you might explore the possibility
the foundation be set up to provide access and care for
the materials as well.

As for Kim Scott's bluffing strategy, I have on occasion
taken a simlar tack for some collections which came to the
Society some time ago without clear title. I write a letter
explaining the reasons why we cannot continue to allocate
resources to care for a collection for which we do not have
title and suggest that we revisit the ownership question. I also
indicate that if I do not receive a reply within a specific
time frame (say 30 or 60 days) the materials wil be returned.

Good luck with your situation,
Craig Wright

______________________

Craig Wright
Curator of Manuscripts
Minnesota Historical Society
craig.wright@mnhs.org

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