At 15:32 07/02/2006, you wrote:
>The only thing I'm concerned about is that some people, but not all, are
>clearly identifiable and I don't have any way of asking permission.
Not to worry. There are three sets of competing rights: Ownership,
copyright and moral right. From an ownership point of view you can do
anything with the actual image that you wish - give it away, sell it,
destroy it, whatever. Copyright covers publication, and as you took
the photograph, you have copyright so can copy and publish it where,
how and when you like. What you're indicating is that respecting
their moral rights, you wouldn't wish the photograph to be published,
at least within the lifetime of those pictured, without their
permission. That makes it a copyright issue. As copyright holder, you
withhold permission to publish unless certain conditions are met, and
that, as they say, is that. Archives exist to hold material, but also
to manage access and use; so that's easy.
If we know who the people are, then there may be a chance of tracking
them down at some point to ask their permission, or to ascertain that
they are dead. Would you be willing for those parts of the photograph
to be published where the people pictured have given their
permission, or are dead? (and, of course, if everyone has gone the
one way or the other, the whole picture)?
Sometimes it's fun to be technical. Or maybe that's just a quirk of
the archival personality.
Craig
Dr. Craig Fees
Planned Environment Therapy Trust Archive and Study Centre
Church Lane
Toddington
near Cheltenham
Glos. GL54 5DQ
United Kingdom
Phone/fax 01242 620125
Email: [log in to unmask]
http://www.pettarchiv.org.uk
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