C. Legal and ethical issues

The issues of copyright, ownership, privacy, and cultural sensitivity have become increasingly challenging since our digital project has been made accessible on the web.  Like other institutions, we are making judgment calls about materials for which we often have little or no information. We are balancing the needs of researchers with the rights of information creators. 

The Denver Public Library is frequently asked to share what issues or problems have developed as a result of publishing its collection on the web.  To date, we have dealt with the following issues:

• In one instance, descendants of a photographer represented in our collection have contacted us for more information about how the Library obtained the material and the rights to reproduce it. In this case, correspondence with the photographer clearly indicated the purchase and transfer of materials and reproduction rights to the Library. In many more instances, we have been contacted by relatives who have wanted further information for their family histories or would like to have prints made (and hoped for discounts or free copies.) Some of the descendants wanted to provide more information about the photographer or correct erroneous information we had.
• Requests from the descendants of photographers for more information about the material. In most cases, the descendants wanted further information for their family histories or they requested prints (and hoped for discounts or free copies.) Some of the descendants wanted to provide more information or correct information we had.  In only one instance did the family suggest that the right to reproduce might belong to them.  In this case, correspondence with the photographer clearly indicated the purchase and transfer of materials and reproduction rights.

• Concerns from other institutions or individuals who own other originals. A few institutions and individuals who feel they have superior claims to ownership of an item have contacted us.  Usually, in the case of individuals, the inquiries come from people who own another copy of a vintage print and do not realize that photographs are often not a one of kind item. We have removed some items from our digital collection upon hearing from other institutions.  In these cases, upon review of our artifact, we felt that our version was a copy of the artifact owned by the other institution.

• People who identify their ancestors frequently contact us.  In all of these cases, the request has been to add the identification to the catalog record rather than to remove the image from the database.  Each of these cases is evaluated on an individual basis to determine if there is sufficient and reliable information upon which to base identification. 

Figure 1: The Denver Public Library has received numerous letters and phone calls from genealogists who have identified this image. (Call number X-11929)

• Two people who were concerned about images or descriptions of Native Americans have contacted us.  In the first instance, the offensive term ‘squaw’ was at issue.  This term was used by the original photographer or historical publishers to caption images. Although the Library staff does not use this terminology to describe images, the historical notes are transcribed. In the second instance, there was a question about how the Library obtained a studio portrait of Sitting Bull and Buffalo Bill.

Figure 2: For this image, the caption “Ute Squaw and Papoose” has been transcribed in the catalog record.  (Call number X-30424)

In the second case, there was a question about how the Library obtained a studio portrait of Sitting Bull and Buffalo Bill.

Figure 3: Call Number NS-196