Ken, ASPP is an industry trade group representing "members whose demographics break down roughly as 50% researchers/editors/buyers, 30% photographers, 20% personnel at stock agencies or collections. "
Their guidelines are what they are - no endorsement implied. I forwarded them to the list because I thought those who deal with rights issues in museums ( for whom orphan works legislation will be important) might be interested in what an industry group sees as "due diligence" in the orphan works matter. Industry groups have been the most vocal critics of the legislation. As I understand it (and someone out there correct me if I am wrong please..), the current version of the proposed orphan works legislation requires organizations to be able to demonstrate due diligence in trying to locate creators of these works before they use them, but does not legislate what constitutes due diligence. Given that legal judgments often consider the "tradition of community practice" in rulings, perhaps ASPP is proposing its guidelines in hopes they became de facto tradition? As a related aside (and shameless plug), Maria Pallante of the Copyright Office will be speaking about orphan works at MCN in November on a panel about national issues of interest for museums. We should ask her about ASPP's guidelines and their implications (if any). I would guess that this is only the first of many guidelines to be issued by organizations who have a vested interest in the orphan works issue. Diane >Who / What is the American Society of Picture Professionals and why >should their guidelines - in a de fact sort of way - be of special >interest to cultural heritage institutions operating as public >charities? Just curious. > >ken > >On Thu, Jul 24, 2008 at 1:28 PM, Diane M. Zorich ><dzorich at mindspring.com> wrote: >> >>>From: Cathy Sachs [mailto:cathy at aspp.com] >>>Sent: Thursday, July 24, 2008 2:31 PM >>>To: cathy at aspp.com >>>Subject: Press Release: ASPP "Best Pracices" guidelines. >>> >>> >>>The American Society of Picture Professionals (ASPP) has just posted >>>its "Best Practices for Locating Copyright Owners of Photographic >>>and Visual Art". >>>These guidelines can be found at > >><http://www.aspp.com/pages/257/189/0/>http://www.aspp.com/pages/257/189/0/ >>> >>>A Press Release is attached, and we would appreciate any mention >>>that you can give to this initiative. >>> >>>Thank you >>>Cathy Sachs >>> >>> >>>Cathy D-P Sachs >>>Executive Director >>>American Society of Picture Professionals >>>117 South Saint Asaph Street >>>Alexandria, VA 22314 >>>Email: <mailto:cathy at aspp.com>cathy at aspp.com >>>Phone: 703.299.0219 >>>Fax: 703.299.9910 >>><http://www.aspp.com/>http://www.aspp.com >>> >>>Building Community Among Image Professionals >>> >>>PRESS RELEASE >>>July 24, 2008 >>>Alexandria, Virginia >>> >>>ASPP RELEASES "BEST PRACTICES" GUIDELINES >>> >>>The American Society of Picture Professionals has released >>>guidelines entitled "ASPP's Best Practices for Locating Copyright >>>Owners of Photographic and Visual Art". This guide is intended to >>>be a "living document" and will be continually updated as new >>>registries and technologies become available. This version 2.0 >>>contains many useful links to organizations and other places where >>>one can access information. >>> >>>The guide can be found at the ASPP website at > > >><http://www.aspp.com/users/ASPPSite4390/ASPP_Best_Practises_v2_7-8-08.pdf>http://www.aspp.com/users/ASPPSite4390/ASPP_Best_Practises_v2_7-8-08.pdf >>> >>>Executive Director, Cathy Sachs, expressed the following thoughts: >>>"Especially in light of the Orphan Works pending legislation, it was >>>our hope that these guidelines would be helpful in locating >>>copyright holders, and that they might eventually aid in the >>>construction of the defined "diligent search". This in turn, we >>>hoped, would minimize the flood of "orphans" that might be created >>>by inadequate search procedures. We feel that none of our members > >>would benefit from that." >>> >>> >>>The American Society of Picture Professional (ASPP) is a community >>>of image experts committed to sharing their experience and knowledge >>>throughout the industry. This non-profit association provides >>>professional networking and educational opportunities for those who >>>create, edit, research, license, manage or publish pictures. For >>>more information go to <http://www.aspp.com/>www.aspp.com or contact >>>the Executive Director Cathy Sachs at >>><mailto:cathy at aspp.com>cathy at aspp.com >>> >>> >> >> >> -- >> Diane M. Zorich >> 113 Gallup Road >> Princeton, NJ 08542 USA >> Voice: 609-252-1606 >> Fax: 609-252-1607 >> Email: dzorich at mindspring.com >> or dianezorich at comcast.net >> _______________________________________________ >> You are currently subscribed to mcn-l, the listserv of the Museum >>Computer Network (http://www.mcn.edu) >> >> To post to this list, send messages to: mcn-l at mcn.edu >> >> To unsubscribe or change mcn-l delivery options visit: >> http://toronto.mediatrope.com/mailman/listinfo/mcn-l >> >_______________________________________________ >You are currently subscribed to mcn-l, the listserv of the Museum >Computer Network (http://www.mcn.edu) > >To post to this list, send messages to: mcn-l at mcn.edu > >To unsubscribe or change mcn-l delivery options visit: >http://toronto.mediatrope.com/mailman/listinfo/mcn-l -- Diane M. Zorich 113 Gallup Road Princeton, NJ 08542 USA Voice: 609-252-1606 Fax: 609-252-1607 Email: dzorich at mindspring.com or dianezorich at comcast.net
