Films from an public archive "for sale"

Last week at work I heard about a situation about which I would like to hear some opinions.

I work at a historical society which gets about 60% of its funds from the state legislature and the rest from donations, sales of souvenirs, etc. Individuals and companies often donate their records (manuscripts, business files, films, audio recordings, motion pictures, photographs, anything and everything) for the society to keep and maintain for historical and cultural interest.  

We sell copies of photographs and videotapes of films for nominal fees if they are to be used for scholarly or personal uses. If they are to be used commercially, a steeper reproduction fee is added that varies with the situation. Whenever anyone requests a copy, we ask what they plan to do with it, and if there is a commercial goal, we make the user sign a "Letter of Indemnification" spelling out the conditions of its use (one time North American serial rights, 30 seconds in a nationwide broadcast, or whatever). People from all over use the archive--the BBC, ABC, National Geographic, and so on. No problem.  

One such user bought videotape copies of films made in the 1950s which were donated by a manufacturer. At the time he said they were for a birthday present. Several years later, after a series of such requests, we learned that the fellow was selling copies of the copies through an ad in a magazine. The next time he came asking for more, he was told that he had abused the archive and that we were disinclined to sell him more tapes unless he would sign an agreement giving our institution a share of his profits.  

The man, a lawyer, responded with the threat of a suit. He says, we must, as a state institution, sell him copies under the Freedom of Information Act!  

I don't know the copyright situation. It may still be held by the manufacturer who deposited the films with the historical society, it may have been transferred to the historical society, or it may have been allowed to lapse. In any case, the historical society has the collection. Doesn't it have some legal right to control its use, or at least recoup some of the cost of maintaining the archive?  

Dan Fuller
(asking for his own edification only and not for the benefit of the institution at which he is only a part-time employee anyway)  

kerchevl[_at_]macc.wisc.edu Received on Fri Apr 15 1994 - 02:42:58 GMT