Deed of Gift and retaining my copyright as creator on a museum donation

[preservationist]

I donated some photographs to a museum. I was the photographer of the photographs. I continue to reproduce and use the same photographs for my own use. The question of copyright release has come up on their Deed of Gift.

Their Deed of Gift stated:

[copyright, proprietary rights and]

as part of the Deed of Gift language that stated what I was transfering to the museum. It was listed in bold and in brackets as shown.

It would look like if I strike out the word 'copyright' and leave 'proprietay rights and' in force. The museum would have the right to photograph and reproduce the gift (photograph) I am donating as they are the new owner of that property. But by striking out the word copyright, I would retain my copyright interest as I am the creator.

Is this how it would work on a Deed of Gift?

I sent the same inquiry to the museum, but it can take a long time to get a reply from a museum.

Thanks for your help!

 

[quincy]

I donated some photographs to a museum. I was the photographer of the photographs. I continue to reproduce and use the same photographs for my own use. The question of copyright release has come up on their Deed of Gift.

Their Deed of Gift stated:

[copyright, proprietary rights and]

as part of the Deed of Gift language that stated what I was transfering to the museum. It was listed in bold and in brackets as shown.

It would look like if I strike out the word 'copyright' and leave 'proprietay rights and' in force. The museum would have the right to photograph and reproduce the gift (photograph) I am donating as they are the new owner of that property. But by striking out the word copyright, I would retain my copyright interest as I am the creator.

Is this how it would work on a Deed of Gift?

I sent the same inquiry to the museum, but it can take a long time to get a reply from a museum.

Thanks for your help!

First, words should never be taken out of context for the purpose of determining the meaning and intent - and that is especially true when it comes to contracts.

The copyright in a work is actually a bundle of rights, which provides the copyright owner with the exclusive right to reproduce the work, display or perform the work, distribute the work, and prepare derivatives of the work. Any one of these exclusive rights can be transferred by the copyright owner to someone else. The right or rights that are transferred may be limited (by time or use) or exclusive (allowing the one to whom the rights are transferred the ownership of that particular right in the work).

Rights are often shared, for example, when an author writes a novel and then gives a publisher either a limited or an exclusive right to reproduce and distribute the novel. The author retains all other rights to the work.

A proprietary right in a copyrighted work provides the owner of the proprietary right the right to determine, say for example, how a copyrighted work can be used. The owner of the proprietary rights in a copyrighted work can exercise whatever rights have been granted by the original holder of the rights in the work.

I suggest you have an attorney in your area, who is familiar with copyright licenses and transfers, to review the contract (deed of gift) in its entirety.

I suggest you have the attorney go over with you your intent on donating the copyrighted photos to the museum. The attorney can provide you with advice on how best to word, or change the wording on, the contract to reflect exactly what it is you wish to do with the rights to the works (ie, give the museum complete ownership of the rights, limit their rights to reproduction of the photographs, give the museum exclusive rights to display the works, whatever).

Good luck.

 

[preservationist]

Thanks Quincy,

Yes, you are right about taking things out of context. Here is the entire section pertaining to the donation:

"The undersigned Donor, in consideration of Donor's desire to benefit the (Museum's Name) and of (Museum's Name) acceptance of donor's gift of Property (subject to the terms set out below), does hereby irrevocably and unconditionally give, grant, donate, assign, convey and deliver, together with all [copyright, proprietary right and] related interests of donor therein to (Museum's Name) to become its property, the below described items along with any frames, mats, bases or other material delivered to (Museum's Name) along with such items (the "Property"):"

Then the Deed of Gift lists a description of the "Property", the photographs.

On the back is listed the terms such as lawful owner, authorization to transfer, maintenance responsibilities, tax concerns, claims and judgements, title ownership. Nothing related to copyright.

It seemed odd that the 'copyright and propriery rights' were in bold and had brackets.

 

[quincy]

Thanks Quincy,

Yes, you are right about taking things out of context. Here is the entire section pertaining to the donation:

"The undersigned Donor, in consideration of Donor's desire to benefit the (Museum's Name) and of (Museum's Name) acceptance of donor's gift of Property (subject to the terms set out below), does hereby irrevocably and unconditionally give, grant, donate, assign, convey and deliver, together with all [copyright, proprietary right and] related interests of donor therein to (Museum's Name) to become its property, the below described items along with any frames, mats, bases or other material delivered to (Museum's Name) along with such items (the "Property"):"

Then the Deed of Gift lists a description of the "Property", the photographs.

On the back is listed the terms such as lawful owner, authorization to transfer, maintenance responsibilities, tax concerns, claims and judgements, title ownership. Nothing related to copyright.

It seemed odd that the 'copyright and propriery rights' were in bold and had brackets.

I cannot explain the bolding or brackets, unless that has been done to bring attention to what exactly is being donated.

Because you are donating not only your photographs to the museum but also (limited, exclusive?) rights in these photographs, these rights should be described in detail on the contract, probably in the "below" section - describe exactly what rights are being transferred or licensed by you, the copyright owner, to the museum.

Exclusive rights that are being transferred to the museum must be in writing and this written transfer of exclusive rights must be signed by you the copyright owner. It is smart to record any transfer of exclusive rights with the U.S. Copyright Office, in case any dispute arises over the scope of rights granted by you to the museum.

Again, I suggest you have the contract reviewed in its entirety (and it remains important for the entire contract to be reviewed) for a closer look at the wording and for a review of all facts, so that you can be sure you are donating to the museum no more than what you want or intend to donate.

Good luck.