Hi Clemency,

The photographs are the intellectual property of the researcher and can use them as they see fit - unless the terms of sale of the manuscript to the museum contained restraint of use clauses - which may or may not be legally enforceable in an Indian court. 

Kind regards,
Antonio 
UQ
Australia

On Wed., 31 Oct. 2018, 3:25 pm Clemency Montelle via INDOLOGY, <indology@list.indology.info> wrote:
Dear colleagues,

A researcher purchased an original Sanskrit manuscript, date of copying unknown, from a dealer in India, and made photocopies of it.  The original manuscript was then donated to a manuscript library in India. (The manuscript never left India so there is no conflict with the 1972 Antiquities and Art Treasures Act's export restrictions.) The researcher now wants to use some of the photocopied images of the manuscript---which were made while the researcher owned the manuscript---in a publication. 

Who needs to give permission for the use of those photocopied images?  The researcher (and past owner of the original manuscript) who made and owns the photocopies, the manuscript library which is the present owner of the original manuscript, or both?

Thanks to any insight anyone might have in this particularly complicated question!
Best wishes,
Clemency

----

Dr. Clemency Montelle

Associate Professor

School of Mathematics and Statistics

University of Canterbury | Te Whare Wananga o Waitaha

Private Bag 4800, Christchurch 8140

NEW ZEALAND

http://www.math.canterbury.ac.nz/~c.montelle/

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