Hi Jenny et al
But often professional photographs are held within the archives of other
organisations / people. Commercial photographers sell their work to
others, so the prints will be dispersed far and wide. The copyright of
the photographs is not the copyright of the depositing
organisation/person; yet the commercial photographer will still want to
assert their rights. This is usually clearly stated through the
copyright stamp on the reverse of the photograph.
Where copyright has been clearly stated surely it is up to the archive
office to take reasonable steps to ensure that copyright is not
breached? Hence itemised copyright forms that are signed by readers to
agree that the copies are for private research. However, if having
taken these precautions the reader still breaches copyright surely the
issue is between the copyright owner and the 'breacher'?
As an aside an increasing number of our photographs are packaged in
melinex/secol. We do not allow photographs or other objects to be
removed from their packaging (preservation/handling/security issues).
This includes users who want a copy for private research. Items are
only removed for 'official digitisation' by us or if the item is being
used in an exhibition.
The melinex creates a nice wave effect - the images are clear enough for
private research but not good enough for publication - thereby killing
two birds with one stone....
What a minefield...
Teresa
Jenny Moran wrote, On 10/05/2011 08:21:
>But shouldn't that have been stipulated in the terms and conditions of deposit? If John wanted to deposit his photos he could specify that they could be examined but that any copies would have to be obtained either from him or with a payment to him.
>I don't really see it as the role of the archivist to try to protect the commercial interests of individuals or organisations if they have taken inadequate steps to do so themselves. As Tim says - only the user can know what they intend to do with the copy, we can only enforce the law as it stands.
>Incidentally, and Tim will know more, since the Reece Winstone archive is still in copyright and John is the copyright owner regardless of where the photographs are couldn't he still enforce this copyright ownership (as distinct from ownership of the physical photographs)?
>
>Jenny Moran
>
>
>But in this particular case it seems that we are not referring to written archives or to printed books. The Reece Winstone Archive is a collection of 40,000 photographs, taken by a professional photographer, and the vast majority of them will surely still be well in copyright http://www.reecewinstone.co.uk/.
>
>Regardless of whatever notices might or might not be on display in the searchroom, surely a record office or library with a supervisory responsibility cannot simply produce professionally-taken photographic prints from their strongroom (in many cases with the photographer's stamp clearly displayed on the back) and then allow them to be copied by digital camera users, as a cheaper alternative to the searcher's purchasing personal copies from the original supplier?
>
>Aidan Jones.
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