Dear Alan,

You say:"Museums should be licensing on a non-exclusive basis." A As noted in our response to Bill, the AMICO license in explicity non-exclusive.

You say:"I'm a bit troubled by the presentation in the AMICO library which at the highest level of the interface displays an AMICO copyright and not a museum copyright. It should be clearly evident the rights are owned by the museum. Shouldn't the display also carry the copyright of the owner? We don't get there unless we follow the link, which is non-standard and sometimes ambiguous."

We've raised this with RLG. They are not complying with our specification which says that the museum copyright must be displayed (also in the public web site specification). This will be addressed by us again in person when we meet with them next week. The only thing AMICO "owns" is the compiled library. All your records will point to you.

You say:"By RLG creating the derivatives, unless we make it explicit that the museums retain their copyright to those images, WE HAVE ASSIGNED THEM. This is my lay interpretation without speaking to my counsel."

I don't think so. You licensed them to AMICO to distribute the library. AMICO contracted with RLG to distribute the library and they made derivatives UNDER CONTRACT and with our express permission to be seen only by licensed users of the library and the thumbnails for the public web site. They are required under the terms of our contract with them to create and make available metadata records for each derivative that 1) point to your source TIF file and 2) point to you as the rights holder. These metadata records must be available with the images and will be in the application.

HOw metadata will be made available is an issue for discussion with RLG, but the end result is NOT any assignment of rights to them. We gave them a very limited right to make derivatives - it says: "RLG further acknowledges that the Derivative Multimedia Documentation developed under this agreement is subject to a license of AMICO's right to prepare derivative works based on AMICO Member's Multimedia Documentation and may be used by RLG solely for the purposes set forth in this agreeement". Do you object to that?

David