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Re: Intellectual Control/Third Party Negotiations



Several months ago we lost a good collection of family papers that were
deposited on permanent loan over 50 years ago.  The heir arrived one day at
the museum and announced that he wanted to see ?his stuff.?  After working
through his lawyers and establishing heirship, we had no choice but to turn
over 72 pieces of Republic of Texas and Confederate currency and .6 linear
feet of manuscript materials.

The real kicker is there is no familial relationship.  The original owner
died leaving his estate to his wife.  The couple was childless.  When she
died the estate passed to a nephew, the only living relative.  The nephew
met the current heir in a bar and became friends.  I?m not disputing a
person?s right to designate their heirs, it?s just sad that this collection
will probably be sold piecemeal.

Sarah Canby Jackson
Project Archivist

Craig Wright wrote:

> 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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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
     http://listserv.muohio.edu/archives/archives.html

Problems?  Send e-mail to Robert F Schmidt <rschmidt@lib.muohio.edu>