[NHCOLL-L:894] Re:Ownership, specimens, and copyright?

[Dan Chure]

An interesting question, especially as to material that may have been collected
from US federal lands (including that which may have been traded to a foreign
institution).  Since the government maintains ownership of the specimens, no
museum holding specimens from US federal lands could probably even make such a
claim about specimens or data.  

I fear that after last year's Icaroaurus fiasco, all kinds of claims by all
kinds of individuals and institutions will be popping up.  One might even make
the legal argument that in some cases individuals who donate  specimens from
their private collections or private land to museums may not have done so with
fully informed consent, even if all the paperwork was signed. For example, was
the donor made aware of the full or potential market value of the specimens
being donated? More work for the legal profession.

Sorry this is somewhat tangential  to the topic posted.

Dan

Dan Chure, Ph.D.
Research Scientist
Dinosaur National Monument
phone: 435-781-7703
fax: 435-781-7714
dan_chure at nps.gov

 

____________________Reply Separator____________________
Subject:    [NHCOLL-L:877] Ownership, specimens, and copyright?
Author: "Sally Shelton" <Shelton.Sally at NMNH.SI.EDU>
Date:       2/5/01 1:59 PM

A researcher here has asked a question which I am passing along in hopes of
tapping into some expertise. Over the last year or so, concerns have been
expressed about policies at least one major (non-US) museum that essentially
assert the museum's right of ownership to "all information derived from (their)
specimens, that is, images made from them and the information taken from the
specimen label data..." Some researchers have been asked to assign intellectual
ownership of photographs, etc. of museum specimens to the museum before loans
could be sent and research could be contractually allowed to proceed. (The
question is NOT about patented material or about the ownership of the specimens
per se.)

We're interested in finding out what the status of this sort of policy is at the
museums where it has been proposed or implemented, the legal justification of it
within the legal system of the country(ies) in question, and the effect this has
had, if any, on loans and research. Thanks in advance for any and all
information. 

Cheers, 




Sally Y. Shelton
Collections Officer
National Museum of Natural History
Smithsonian Institution
Washington, DC   20560-0107
phone (202) 786-2601, FAX (202) 786-2328
email Shelton.Sally at nmnh.si.edu

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Subject: [NHCOLL-L:877] Ownership, specimens, and copyright?
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