Would these be photographs that Elizabeth
Kendall supplied to the police department? If so, does her book have some
of these same photos? If so, did Ann Rule or anyone else use those photos in
books or other materials?
Sharon Lee Butcher, MLS, MSO
Reference Librarian
AEDC Technical Library
Arnold AFB, TN 37389-3212
931-454-4430
Fax: 931-454-5421
From: Archives &
Archivists [mailto:[log in to unmask]] On Behalf Of Kennedy, Deborah
Sent: Tuesday, June 27, 2006 6:09
PM
To: [log in to unmask]
Subject: Copyright question--long
Between
1974-1989 the King County Department of Public Safety (Sheriff's Office)
investigated the disappearance and murder of several young women in
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.
1215 E. Fir Street
RED-ES-0100
Seattle, WA 98122
206-205-1396
www.metrokc.gov/archives
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