Between 1974-1989 the King County Department of Public Safety (Sheriff’s Office) investigated the disappearance and murder of several young women in King County. They narrowed their search to one suspect, Ted Bundy. While Bundy was never prosecuted in King County the investigation was considered to be ground breaking in the methods used. King County Archives holds the record of that investigation.

Eventually the Sheriff’s office gathered enough information to circulate a description of their suspect and a probable first name “Ted”. After the name was made public a woman contacted the Sheriff’s office and after several phone calls she agreed to be interviewed by the detectives in charge of the case. In the course of that interview the woman gave the detective some photographs of Ted Bundy. The record of that exchange reads as follows:

“R/O then requested to view photographs and [name withheld] provide snapshots of Bundy taken within the past year and turned them over to R/O. I then advised her that the photos along with other comparison photos would be shown to witnesses in an attempt to make further identification or elimination of Bundy. The interview was terminated and R/O left the residence advising [name withheld] that I would notify her of the results of the photo identification.”

Those photographs were included in the investigation files received by King County Archives. The woman who gave the photographs to the detective claims copyright of the photographs. An agreement was reached that the Archives would not release her name. That means that all contact with her is through her attorney. Occasionally, we receive requests for copies of the photographs. We have been providing black and white photocopies of the photographs with a disclaimer, “King County Archives does not hold the copyright on these materials.” We have not supplied our patrons with photographic reproductions or digital scans.  The photocopies are of relatively poor quality which has generated subsequent requests for digital scans and reproductions.

In fulfilling a recent request I began looking for a permanent resolution to this issue. I have been working with one of the County’s attorneys. He has been corresponding with the woman’s attorney. Currently, the copyright holder is not considering any requests for permission to use the photographs. In fact, her attorney is saying that providing photocopies of the photographs with our disclaimer violates her copyrights and questions if they are, in fact, public records. She would like the photos returned to her.

Are these photographs "public records"?
Can I in good conscience as the guardian of the historical record return the photographs to her?
If not, and if we could come to agreement with the copyright holder to do so, would photocopies of the photographs in the collection serve the historical purpose?

If we keep the photographs, are we violating her copyright by providing photocopies?

Your thoughts and opinions on this matter would be appreciated.

Deborah Kennedy
County Archivist
1215 E. Fir Street
RED-ES-0100
Seattle, WA 98122
206-205-1396
www.metrokc.gov/archives

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