HomeMy WebLinkAboutMinow, Mary; 2014-05-14;I .UV f.l 1)1 a? \'
April 2.1, 2014
Mary Minow, library Law ConsiiltaiU
2.310 ffomcslead Road #415
i.os Altos, CA 94024
Dear Marv,
Tivisistu.onlinnthc ^•< ope-of not luvque sted uf vnu uu !anf>,ng the ( arlsbad lab.a.y's p, npos.d prat !K c
tor onUnv display nj phutogiaphs held ,n th. hhiars's r\„M,ad Ih.Uuy ( oHutiuii Wr a^re. Uul yuu udi
piT'parf and pjut ido a wnrirn n-poH ihat uili addn\ss fhf loiiou mg uAues
1. t onfum (hat ih -1 ib.asv has !h. r.p.ht t<, d,sp|.,v d,«it.d mi.v;,os al photo-;, aphs an4 other hnns lmn.
the Caiisbad HKIUIV ( nlk.(iKai on tha miviWH as a p ot .4 the I tiua-v's Inia-tated I Pa.uv SvMem
(i!S) Tlie Ijbiai) his tdtaudied hve t.iipp.otie'. nf phutoKi.iphs mu! ,4!ie. Uemv m the aibuhed
do.mnrm .nd nude.stvuK that tlu hdua.vs n.;ht 'o di^plav dtp.tal una^es <4 lliem .n.^y v.uv
de|)endiiig on the eategorv-
2. 1 lanfv aiHl .s.piam the eopyufdtt i estrictiuns tliat p, eu tit tli^ librat^ ftom display tn^ , m tam di^^ila!
iniac* s ol (thmonaphs a-ul othei ttmis liom the Ca, isb,.d Hrstui \ ( nllediun tvitiun the labtai v\ H s
3. Clarily and expl.i.P the .opviight piousions that adov. th- 1 ibr^y lo display the di<;ital nna-;<>s nl
phalot'.ra[!h.-,aiid(4hei Perns bom the t arls.bad ibstuty t.oiici iKm wPhm llie labjdn's'lbS
4. ihep.ae tupsa.^ht statements tot tlm I ibran m use m Ihi nublm ( or- records (oi ea(4t -d die bvt
tatftiuries of j-jhoto£jraphs and esrher items
5. K.nbrm th tf tlie pi nposed mid Mu,,m piaUuts lunvd m the atia.hed doeument m<HM -.^-ith vom
appi oyafs pm sttaut to x mu < v ,e u r h and d oot plea ,e .ubm.e and sn-.i-est ah( i ii iie pt a, lu es
This wor k iriay mtinde s.-xera! itef atums and ttdeplume .alls wUh 1 d>rai v stabMnd/.-r. Py .mm ncy 1 his e-o, ts
will bc biikd as , dat 1 lh ol y .SOO 00 and uili be er.„,p)eted u'uhm six we.4.s oi tin sinnatur*- date on tlus
agreemt nt Ii this sw,pe .4 v\oik is a.. r-ptabb piea.e mduate uHli vom sign uiite lu luu
Thank you for your interest m this project. We look ftsrward to working witfyyou.
Sincerely,
iieather Pizzuto
Library & Cultitra! Arts Dircctot
1 aecept this scope of work and terms ofthis agreemenL
Mary Minow Date
Approved as to form;
Date
Proposed Practices for display of Carlsbad History Collection photographs on
Integrated Library System
The Carlsbad City Library will display digital images of photographs and other items from the Carlsbad
History Collection on the Library's Integrated Library System (ILS) digital management module,
SirsiDynix Portfolio. The Library will create metadata for each item which will be searchable by
patrons. The search results will include access (a link) to a digital image of the item which patrons can
view and/or download. This method of displaying photographs and other items augments the current
librarian-mediated practice which requires that patrons sign a form, Application to Reproduce Archival
Material [see Attachment A] before they receive a digital or print copies.
Categories of photographs and other materials within the Carlsbad History Collection:
1. Photographs and other items which can be dated prior to 1923.
• These images are in the public domain
2. Photographs and other items created by City of Carlsbad staff in the course of work
• City of Carlsbad holds the copyright
3. Photographs by amateur photographers (snapshots)
• The Library may or may not have deeds of gift for these items, [see attachment B]
• The Library rarely has information conceming the photographer.
• The Library has property rights to the images but is imcertain about copyright.
4. Photographs by professional photographers
• The Library may or may not have deeds of gift for these items, [see attachment B]
• The Library has property rights to the images but believes that the copyright remains with
the photographers.
5. Formally published photographs and other items (e.g., postcards, calendars, brochures)
• The Library may or may not have deeds of gift for these items, [see attachment B]
• The Library has property rights to the images but believes that the copyright remains with
the publishers.
Background:
Under the direction of the founding library director, Georgina Cole, the Library in the late 1960s began
to collect photographs and other materials relating to the history of the City of Carlsbad. The Library has
no records of donors or releases or deeds of gift conceming the photographs and other items that were
acquired at this time. In 2000, the Library established the Carlsbad History Room to collect, describe,
and provide access to the photographs and other items. At that time, the Library began, sometimes
sporadically, to obtain deeds of gift. The Library currently acquires deeds of gift for all donations [see
attachment B].
Photographs and other items from the Carlsbad History Collection are used by many groups of people
for a variety of reasons:
• Library staff uses the photographs and other items for educational purposes in displays, articles,
programs, and social media.
• Library staff uses the photographs and other items to answer reference questions about the City
from City departments and from patrons.
• City staff members from other departments use the photographs and other items in the course of
their work.
• Carlsbad businesses and local organizations request copies of photographs and other items to
display in their establishments and in their publications.
• Patrons request copies of photographs and other items for their personal collections.
• Students and other researchers use the photographs and other items to complement their research
for papers and projects.
Photographs from the Carlsbad History Collection have been used in at least three books:
• Seekers of the Spring by Marje Ho ward-Jones (1982)
• Windo-ws on the Past by Susan Gutierrez (2002)
• Carlsbad by Jeannie Sprague-Bentley (2009)
Whenever patrons request copies of photographs (either prints or digital images) and other items, the
Library requires that they sign a form, Application to Reproduce Archival Material. This form specifies
that "All responsibility for possible copyright infringement or other legal liability arising from the use of
reproductions is hereby assumed by the applicant" [see attachment A].
Attachment A
Carlsbad City Library
City of Carlsbad, California
Application to Reproduce Archival Material
I hereby apply for reproduction (s) of archival materials, namely, still photograph(s) as follows:
Log Number and Description
Agreement: I certify and agree to the following:
All responsibility for possible copyright infringement or other legal liability arising from the use of
reproductions is hereby assumed by the applicant. Applicant agrees to obtain consent, or clearances from
all owners of rights, including copyrights, for said materials prior to use;
All published reproductions of Archive materials must bear the following credit line: Courtesy ofthe
Carlsbad City Library Carlsbad History Room
The Acquired materials shall not be adulterated or demeaned in publication, filming or broadcast or
other form of reproduction:
Applicant is aware of Califomia Civil Code 990
I understand and agree to the conditions set forth above. In consideration of the delivery of said
materials to me, I agree to indemnify the City of Carlsbad, its agents and employees against, and to hold
it harmless from, all actions, causes of actions, costs, expenses, damages, claims and demands
whatsoever which may arise by reason of any use I may make, or permit others to make, of Said
Materials.
Applicant's signature
Please Print Name
Date
Address
Telephone Number_
Notice/ Waming Conceming Copyright Restrictions
The copyright law of the United States (Title 17, United States Code) govems the
making of photocopies or other reproductions of copyright material. Under certain
conditions specified in the law. libraries and archives are authorized to fiimish a
Attachment B
Georgina Cole Library- Carlsbad History Room
Deed of Gift
I, , hereby donate the books, papers, photos and or other historical materials
described below to the Georgina Cole Library Carlsbad History Room. I am the owner of these materials
and now give and assign to the Carlsbad History Room legal title, property rights, and all rights of
copyright which I have in them, including rights to reproduce, publish and display the materials.
The materials shall be maintained, organized and made available for research under the usual procedures
of the Carlsbad History room. I understand that any time after delivery of the materials I shall be able to
examine them during regular working hours of the Carlsbad History Room. The papers will not be made
available to researchers until a standard inventory of their contents has been prepared.
The Carlsbad History Room may dispose of any materials which its representatives determine to have
no historical value or permanent interest, providing that prior to any disposal and during my lifetime I
shall be notified of such determination, and that at my request the materials proposed for disposal shall
be retumed to me.
Signed:
Date:
This gift of books, papers, photos and or other historical materials is accepted on behalf of the Georgina
Cole Library Carlsbad History Room, subject to the terms and conditions above.
Signed:
Date: