Deed of Gift and retaining my copyright interest as creator for a museum donation?

[Don Dudenbostel]

I am turning over my Appalachian documentary images I've shot over fifty years to a museum. The collection of work is significant and contains work that can never be photographed again. The museum has established a special collection and archive within boundaries of use that I have dictated. The stipulation is this work be preserved for public use and viewing but can never be used for commercial applications. It is there for public education and not commercial use. I also retain copyright of all images. The collection consists of roughly 100,000 negatives that will kept in archival storage after scanning the most significant images.

If these are important images and they want them then you can dictate the terms.

[invisibleflash]

That is impressive Don. While my photos may have some small historical interest. The museums may only accept a few of them at a time. So it is not like your case of a huge donation.

How did you find this museum to work with? Was it your first choice?

Have you put up any of your work on a website for viewing?

[Don Dudenbostel]

I really didn't want my work to wind up lost on in the trash one day. I realized the images had historic value and were depicting the culture of Appalachia. I went to some friends mainly looking for advice on where to exhibit. My friends were with the university of Tennessee and the called the curator of the anthropology museum in the area. The curators suggestion was to contact a person at the asset Tennee Historical Society. They have a fairly major museum dedicated to east Tn history and culture. The history center / society is connected with an organization that houses such works. They have thecThompson collection which documents the region from before 1900 until the late 60's. It's all one persons work and consists of thousands of circuit camera negs, banquet camera negs and large format negs. It contains images of FDR dedicating the Smokies National pard of which Jim Thompson the photographer was instrumental in it becoming a national park. Other images are important industrial and cultural images. The museum and Thompson collection decided to establish the Dudenbostel collection and have gotten grants and had fundraiisers to set it up. Vanderbilt University is showing interest I acquiring part of it as well.

The collection contains images of several moonshiners, their stills and thousands of gallons of hooch. Serpent handling in church, cock fights, kkk cross burnings and other obscure and once traditional practices that are now gone. It spans fifty plus years. There's a touring exhibition of 94 of my images going to serious museums on loan.

Look at www.x-rayarts.com and go to the documentary section. This is just a tiny selection.

[Leigh]

I write my own Deed of Gift, using the museum's text as a model.

Transfer that text to your own letterhead, excising any references to copyright.

Then add a paragraph at the end substantially of the following form:
"Donor retains all copyright to the Material in perpetuity.
Donee is hereby granted an irrevocable license to use the Material as follows:
1) To store, display, and conserve the Material;
2) To use images for self-promotion and advertising;
3) etc..."
Spell out whether they can make/sell copies thereof, include copies in composite works, and whatever else.
Definitely include stipulations regarding sale of copies, whether permitted or prohibited, and under what conditions.

- Leigh

[invisibleflash]

Thanks Leigh and Don.

Some fantastic historical photos you have Don. Did you run into any trouble with some of the subjetcs? KKK and moonshiners would seem to be camera shy?

[Don Dudenbostel]

No real problems. The moonshiner was very unpredictable and potentially violent. He killed two men in cold blood and got away with it. You just never knew what to expect from minute to minute. The klan was a bit that way too butdidn't rsally fear them.

[Brian Ellis]

Ask Brian Ellis -- I believe that is his area of expertise.

Hi Bill - Actually I was a tax lawyer, I know nothing about copyright law. But someone here specializes in that area, Ed Richards maybe?