[NOTE: Since they authorized a public reply, we're keeping the name of the member organization submitting the question in this RAQ. Usually, we genericize, but in this case, we trust you see why we kept the member's name in the question.]
QUESTION
I am continually fascinated by the evolution and impact of names.
For instance, when I read the name of the member submitting the question, I immediately thought:
Our historical society produced a documentary about the making of a sculpture. Our videographer filmed work in the sculptor’s studio and in so doing, in the background captured photographs the sculptor had on a storyboard for another project. Is it necessary to obtain permission to use the individual’s image, even though it was not prominent nor the subject of the documentary?
When people see a lawyer to complain about the misuse (or “misappropriation”) of their image, there are several legal theories that lawyer might assess the situation for, including:
Our museum has an item on long-term loan that is potentially pretty valuable--a 200-yr old document.
We no longer wish to have this item in our custody unless it is gifted to us outright, and no longer on loan.
This question had me on the edge of my seat until the very end.
WHAT is this 200-year-old document?
WHO is this mysterious lender?
WHAT does the original loan agreement look like?
WHO took the 20-year-old photos?
"Ask the Lawyer" got a question from a member: "Can you review our deed of gift and loan forms?" We helped them out on a confidential basis, but we're using their question to inspire this guidance on implementing or updating a suite of policies for accepting and managing gifts into your collections.
The State of New York has very strong feelings about collecting cultural assets and information. So strong, that such collections are governed by a host of laws, regulations, and policy.
We have a couple of questions relating to Section 233-A of NYS Education Law, the "Museum Property Law". The law as written seems to only address totally undocumented objects and recent loans, but it also seems to have clear implications for the many partially documented objects and very old loans we have to deal with.
[NOTE: For some initial background on New York's law governing museums and loaned/donated items, see Special collections not recorded on institution's ledgers]
The New York Archives Conference recently posted a formal Code of Conduct (https://www.nyarchivists.org/nyac/code). While discussing our procedures for implementing this code, we began to wonder about the legal implications for enforcement.
Before I dive into this meaty and spectacular[1] question, here is a necessary disclaimer: this answer does not apply to chartered libraries.
Who does it apply to? The following:
We received some questions from a chartered museum about weeding from the museum's internal research library:
Put your sneakers on. These questions require us to jump through several analytical hoops.
Hoop 1
As part of a town bicentennial celebration, the committee wants to create a map of historic properties. There would be a description of the property noting its historic significance, the address, and ideally a photo. Many of the properties are privately owned. Do owners need to give permission for their property to be included?
In addition to being something of a historic preservationist, I am also a design fan, and a booster for my adopted hometown of Buffalo NY. This means I am on several social media groups that discuss:
