Jeannette Klute

American, 1918 - 2009

Remarks: Copyright Research with Kodak: Dear Barbara – Thank you for the list of photos covered by your permission request. Although these photographs appear to have taken during the period of time in which Ms. Klute was an employee of Kodak, because of the age of these photos Kodak no longer has records with information about them. Therefore Kodak does not know whether these photos were taken by Ms. Klute within the scope of her employment at Kodak and, therefore, whether the photos were “works for hire” for which Kodak would be the copyright owner and would be the proper party to grant permission. In the absence of that information, Kodak has no objection to your proposed use of these photos as described in your e-mails of October 16 and 20 below based on whatever ownership rights Kodak may have to the photos. However it is possible that certain third parties may have copyright, moral rights or other rights to some or all of the photos independent of any of Kodak’s ownership rights. It is your responsibility to obtain all necessary permissions from such third parties and you agree to indemnify and hold harmless Kodak from any and all claims that may arise from your failure to obtain any permissions that may be required. In summary, Kodak has no objection to your proposed use of these photos as you have described based on any ownership rights that Kodak has. Best regards. David David C. Stimson Senior Counsel T 585-263-1384 | C 585-281-8284 | F 855-577-3583 Nixon Peabody LLP | 1300 Clinton Square | Rochester, NY 14604-1792 nixonpeabody.com | @NixonPeabodyLLP This email message and any attachments are confidential and may be protected by the attorney/client or other applicable privileges. The information is intended to be conveyed only to the designated recipient(s) of the message. If you are not an intended recipient, please notify the sender immediately and delete the message from your email system. Unauthorized use, dissemination, distribution or reproduction of this message by other than the intended recipient is strictly prohibited and may be unlawful. Thank you. Please consider the environment before printing this email. From: Barbara Bertucio [mailto:[email protected]] Sent: Monday, October 20, 2014 3:23 PM To: Stimson, David Cc: [email protected]; [email protected] Subject: RE: Jeannette Klute Copyright Dear Mr. Stimson, Thank you for your response. I have attached a list of the work from the Hyde Collection. As a matter of course in our research on new acquisitions, we usually seek out copyright holders to ask for a non-exclusive license to use images of the work for publicity, public relations, and educational purposes. We are including a selection of Jeannette Klute’s photographs in an exhibition next spring and would like to use some of it for publicity. I have found her work in other collections, but have had great difficulty finding a copyright holder for the estate. I am also unsure as to the boundaries of her work with Kodak and whether these fall under the work for hire under terms of her employment. Our research seems to indicate that she was extremely enthusiastic and passionate about photography and engaged in it outside of normal working hours but again I have no concept of her relationship with her employer. Thank you for your assistance. Please let me know if you require further information. Best, Barbara From: Stimson, David [mailto:[email protected]] Sent: Monday, October 20, 2014 1:52 PM To: Barbara Bertucio Cc: [email protected]; [email protected] Subject: Jeannette Klute Copyright Dear Ms. Bertucio – Thank you for your request. It is difficult to respond to your questions without knowing more about the specific photographs that you want to use. It would be helpful if you would send me copies of those photographs and the dates on which they were taken. Also, what use of the photographs are you contemplating? If Jeannette Klute was an employee of Eastman Kodak Company then, under the copyright legal doctrine of “work for hire”, Kodak would be the copyright owner of all photographs that she took in the scope of her employment by Kodak. Whether any of the photographs are in the public domain would depend on when they were taken. If you can provide me with this additional information I will be in a position to give you a more complete response. Best regards. David David C. Stimson Senior Counsel T 585-263-1384 | C 585-281-8284 | F 855-577-3583 Nixon Peabody LLP | 1300 Clinton Square | Rochester, NY 14604-1792 nixonpeabody.com | @NixonPeabodyLLP This email message and any attachments are confidential and may be protected by the attorney/client or other applicable privileges. The information is intended to be conveyed only to the designated recipient(s) of the message. If you are not an intended recipient, please notify the sender immediately and delete the message from your email system. Unauthorized use, dissemination, distribution or reproduction of this message by other than the intended recipient is strictly prohibited and may be unlawful. Thank you. Please consider the environment before printing this email. From: Barbara Bertucio [mailto:[email protected]] Sent: Thursday, October 16, 2014 1:41 PM To: Stimson, David Cc: Barbara Bertucio Subject: Jeannette Klute Copyright Dear Mr. Stimson, I was referred to you by Barbara Galasso at the George Eastman House. The Hyde Collection Trust, a non-profit museum and historic house has acquired work by Jeannette Klute, a photographer who worked for Eastman Kodak for many years. I am trying to locate her copyright holder but am so far unsuccessful. Do you know who holds the copyright to her work? Is her work in the public domain? Thank you very much for your time and attention to this matter. Best, Barbara Barbara A. Bertucio Registrar & Collections Manager The Hyde Collection 161 Warren Street Glens Falls, NY 12801 518-792-1761 ext. 316 [email protected] www.hydecollection.org