Hello, Everyone!
I have two crazy copyright questions that I'd like to bounce
off of you all. I know copyright seems to be discussed ad infinitum around
here, but please bear with me!
1) As a local history collection, we have a ton of anonymous
photos, usually of buildings or general outdoor scenes. We can usually give it
a time frame, but don't know who took the photo; of course, there are no deeds of
gift. Many of these photos have been used in local publications, such as the
local historical society magazine, without thought of copyright. This was done
years ago. We just acquired the historical society's photo collection last
summer, and have not received any requests for their magazine. My question is:
do we consider those anonymous photos published works? Even though they were
done with no one's consent, probably in violation of copyright? I have the
charts, but am trying to figure out where these anonymous photos (taken in the
first half of the 20th century) fit in the charts.
2) After 9/11, our fire department received dozens of
letters and cards from schoolchildren across the country. Many of these were
hand-drawn, with text and illustrations. For the 5th anniversary of
9/11, we are planning to display some of these in our room, and we would also
like to put together an on-line exhibit. Of course, our deed of gift was from
the Fire Department, and the copyright for the cards would be held by these
kids, the creators. Right? I am assuming an on-line exhibit would be considered
fair use; there are lots of lawyers in these parts, and we don't want some lawyer
mom or dad freaking out that their kids' artwork is being put on the web. I'd
just like my suspicions about fair use confirmed or denied, so we can proceed
(or not) with planning the online exhibit. If anyone here has done a similar
type of online exhibit, using children's artwork, I'd be interested in how you
handled any of these issues.
Thanks for any responses you can provide, either to the list
or directly to me.
-Heather
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Heather Crocetto
Archivist
Phone: (703) 228-7724
Fax: (703) 228-7720
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