Maggie
Securing assignments of copyright in deposits is a very sensible policy to adopt and (assuming that you have access to a copy) you will find a model assignment in my book (9.4).
Be aware that an assignment is only of the rights owned by the assignor; the owner of a collection of photographs is not necessarily the owner of the copyright in all (or in some cases even in any) of them. However, you have presumably checked that your donor does in fact own at least a substantial proportion of the copyrights in this case. Once you have the assignment, I suggest that unless the assignor owns the rights in everything you annotate your catalogue of the collection to indicate those items in which you own the copyright and those in which you do not, for the information of your successors.
Tim
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Tim Padfield
Information Policy Consultant and Copyright Officer
Secretary of the Lord Chancellor's Advisory Council on National Records and Archives
Public Sector Information Division
The National Archives
Kew
Richmond
Surrey TW9 4DU
Tel +44 (0)20 8392 5381
Fax +44 (0)20 8487 9219
E-mail [log in to unmask]
Website http://www.nationalarchives.gov.uk
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Please note:
Although I have some legal training and qualifications, any advice I give on copyright or archival issues is not to be taken as legal advice. If you need formal legal advice you should consult a solicitor with expertise in the appropriate field.
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-----Original Message-----
From: Archivists, conservators and records managers.
[mailto:[log in to unmask]]On Behalf Of Maggie Coe
Sent: 16 November 2006 11:42
To: [log in to unmask]
Subject: Copyright forms
Dear All
I'm new to the list, and hoping some of out there may be able to help with
this query.
We have recently been offered a large collection of photographs which are
still in copyright. At this stage we have yet to decide whether or not to
accept them, but if we did we would ideally like it to be on the condition
that copyright in the images could be assigned to the museum. We are
hoping that this would mean we could then go on to reproduce any of the
images in exhibitions and publications as we see fit, without always
having to go back to the copyright holder.
I'd be interested to know if this is something that any other institutions
do when accepting material such as photographs that are still in
copyright? If so, do you have a standard form that you ask people to sign?
Any advice or information you have to share would be most gratefully
received.
Best wishes,
Maggie
Maggie Wood
Documentation & Collections Assistant
Museum of Domestic Design & Architecture (MoDA)
Middlesex University
E: [log in to unmask]
Direct line: 020 8411 5445
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