At 08:55 1999-10-14 -0400, you wrote: >Amalyah, > >Your situation is a good illustration of how possible changes in museum policy >could avoid the situation you describe. > >First, the museum should require that it be given one (or more) copies of the >negatives/images made of items in its collection as a condition for accessing >the materials.
We did. Requiring is one thing, getting is another. >The museum should have the right if it chooses to do so to place >those materials with an archival facility like the Ancient Biblical Manuscript >Center or similar organization for museums to deposit materials for >reduplication. (This allows the museum to avoid the expenses and administration >of reduplication and yet to enjoy some income from requests for copies of those >materials.) Again, we did. >Second, an open respository of those materials would avoid situation where >scholars (the bad actors in your case) could convey their images to "a very >expensive product" since most people would choose the lower price reproductions >rather than purchase an entire CD-ROM database. In this instance it is the very >limitation of access as a matter of museum policy that makes the conduct of the >scholars in question possible (and profitable). Sorry, have to disagree. My particular case most unfortunately proves your scenario wrong. Access was not limited. We gave access, the facility of the type you mention gave (gives) access. >I have no quarrel with the notion that if income is to be derived from museum >holdings (or libraries) that it should be the museum or library that benefits >from it. Unfortunately, I have yet to see any indication on this list of what >museum or libraries actually have gained from licensing the use of such items. >It is therefore difficult to say, other than as an article of faith, that museum >or libraries would suffer any real economic impact from allowing imaging of >their materials. In your case the CD-ROM database may be very expensive but that >is not determinative of the value your materials would command for inclusion in >the set. At full price, 80 images x $100 = $8000; more likely at a quantity rate of $50 = $4000. But that's only a theoretical sum: since we gave the scholars access to make their own photos, they have copyright, not us. So we can't charge a licensing fee based on ownership of the photos or copyright to them. But I'm sure the scholars did. > (I can privately name some publishers who take camera-ready copy and >then charge > $125 per volume for 200-300 page monographs. You can imagine the >immense royalties that the authors enjoy! (sarcasm)) > >I suspect I know the CD-ROM you mention in your post and the only way that >situation will ever change is if scholars, museums and libraries simply refuse >to have further dealings with those responsible for such products and conduct. >While we are waiting for better conduct from some scholars and commercial >concerns unnamed, providing wider access to museum materials will deprive them >of the exclusivity that allows them to continue to offend against the academic >community. Again, we did, and it backfired, so to speak. We are all for wider access -- the fact of the matter is that it costs money to provide that access! Let me give you an example. My museum pays $2 million annually in electricity bills, largely because of 24-hour climate control, particularly for ancient manuscripts, in storage and exhibition areas. No, the government does not cover that; we do. From earned income, donations, etc. Tax-exempt status, something that's always mentioned in these discussions, pales in the face of electricity bills like that. We've developed a new showcase for the climate-light-and-gravity-controlled display of ancient manuscripts; the *prototype* cost $40,000. That $4-8000 is starting to look pretty good, huh? >I am sorry that your time and resources will be diverted by the offense you >mention but hope that different museum policies can deprive those in question of >the exclusivity guaranteed by present museum policies. I just don't see how "museum policies" are the bad guy. We bend over backwards and spend a fortune providing access. >I also hope you will >publically pursue those responsible for this offense. > >Patrick > > >Amalyah Keshet wrote: > >> Diane and Julie have hit just about all the salient points. I would only >> like to emphasize the point about "commercial" vs. "non-commercial" being >> in the eye of the beholder. This is a classic problem. Right now, I am >> dealing with a situation in which scholars who were given special >> permission to photograph certain ancient manuscripts in my museum's >> collection with special equipment (i.e. to create non-standard photographs >> to aid in decipherment) -- on condition that they were for research >> purposes only. Recently it was brought to our attention that the images >> have been sold to a a CD-ROM database -- a very expensive product. >> Commercial, in other words. Beyond the obvious breach of trust, there is >> the breach of good will: the time and effort our staff devoted to >> accomodating the photography work. And of course the untenable situation in >> which we, the institution which secures, preserves, cares for and provides >> access to these manuscripts, earns not a penny towards these expenses from >> the production and sale of these commercial products. >> >> I spend considerable time and effort dealing with this and similar cases, >> when that time and effort could be going towards creating good ways of >> making quality images securely available to scholars. And to commercial >> users, if properly licensed and paid for -- that's how we'll survive >> financially, and maintain image sources of relevance to scholars and >> non-scholars alike. >> >> > ><snip>prior posts deleted for space considerations<snip> > >> amalyah keshet >> head of visual resources, the israel museum, jerusalem >> board of directors, the museum computer network >> chair, mcn intellectual property special interest group >> [email protected] > >-- >Patrick Durusau >Information Technology Services >Scholars Press >[email protected] >Manager, ITS > > > > > amalyah keshet head of visual resources (photo services / rights & reproductions) the israel museum, jerusalem [email protected] visit our museum: <www.imj.org.il>
