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ARCHIVES Home

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ARCHIVES  March 2006, Week 2

ARCHIVES March 2006, Week 2

Subject:

Copyright & Fair Use

From:

Amy Hooker <[log in to unmask]>

Reply-To:

Amy Hooker <[log in to unmask]>

Date:

Thu, 9 Mar 2006 10:24:17 -0500

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (50 lines)

Hello everyone in Archives Land!  I have another question for the list.

I have several videos in my collection that are home movies.  These movies
were not professionally released or part of a movie or anything like
that.  Most of the movies have, according to my files, no restrictions
from the donors and no copyright notice at all.  Two of the movies (the
most important ones of course) have a restriction mentioning that the
movie is “in private domain and is not to be reproduced in any form.  It
is restricted to one-time use all rights reserved”.  These home movies are
from the 20’s to the 40’s.  Unfortunately, the donors are all dead, the
information I have in my files is sketchy at best, and quite frankly the
restriction I mentioned above is a little confusing to me (restricted/ one
time use?).

My question involves using the films for educational purposes.  Meaning
other museums have approached me wanting to use the footage in an
exhibit.  Obviously I would never sell this footage for commercial use,
but I was wondering if I could allow another museum to use the footage for
display or educational purposes?  Does this situation equal fair use?

Let’s say it is not covered under fair/educational use.  If the interested
museum promises to get copyright permission from the donor or their family
should I require proof of this permission in writing before I release the
film?  Or would you give them a copy and leave it up to them to get all of
the proper permissions?

Sorry for the long post, but I find many aspects of copyright rather
confusing.  And I would hate to keep something wonderful locked up in my
vault for no one to use, if it can actually be used in some circumstances.

Thank you all so much for your advice.

Amy Hooker
The Petroleum Museum
1500 I-20 W
Midland, TX 79701
432-683-4403

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