Loveland, July 2, 2017
The longtime daily newspaper of Loveland, the Loveland Daily Reporter-Herald, is moving to Berthoud and leaving behind a large
archive of photographs and stories dating back to the late 1800's housed since 1993 in their offices in downtown Loveland.
On July 5, Loveland's City Council is scheduled to cast their final vote to approve an agreement signed last May between city staff and
the newspaper to relocate the newspaper's photo and story archives (until year 2000) to the city's Cultural Services Department at
an estimate cost to the city of $59,000. In addition, Loveland's City Council will vote to include an additional annual budget line for
the Cultural Services Department of $60,000 to assist the newspaper in maintaining and organizing their archive.
The subsidy is being provided in violation of the city's own museum acquisition management policy which states, "Objects must be
donated to the Museum or purchased by the Museum with no restrictions." According to the proposed agreement signed between
the city and newspaper last May, the rights to the data will remain with the Reporter-Herald and any publication or commercial use
of the data will require both permission and payment to the newspaper for any such use. Members of the public will not have
unfettered access to the archive but instead are required to fill-out a form seeking permission to access the archive which will be
shared with the Reporter-Herald to determine whether the use can be permitted. Direct access to the archive is specifically limited,
per the agreement, to allow only city staff working in coordination with the newspaper to search the archives or handle the material.
LovelandPolitics Use of Archive Prohibited
In early June Loveland's City Council voted 9-0 to approve the agreement and appropriate the funds to transfer and maintain the
newspaper's privately owned archive. Because the decision is an appropriation, Loveland's Charter requires a second reading along
with public comment be permitted before a second and final vote is taken to appropriate the funds; that will occur this Wednesday.
Historically, Loveland's City Council schedules votes close to popular holidays when they want the action to draw as little public
attention and response possible.
Exhibit A of the agreement includes a form for anyone requesting a document or photograph from the archive (so long as it is in low-
resolution) can obtain it but only after signing a form containing the following language,
"I am receiving copies of Scanned lmages from Loveland Museum solely for my personal, noncommercial use, and that I obtain no
copyright or other intellectual property rights of any form in the content and may not duplicate, modify, or republish the print for
any reason including, but not limited to, for commercial purposes."
The same form goes on to further qualify the restrictions against any public dissemination of the archive beyond the usual
commercial restriction by stating,
"A single reproduction print for personal use only; e.g., hang on wall in home or put in scrapbook. This does not include use on
personal websites, blogs, or any associated commercial use such as office or business displays, promotional materials, business
The form also instructs commercial users in how they may go about purchasing rights to use the archive data but no similar
provision apparently exists for non-commercial websites like LovelandPolitics. Governments, educational institutions and non-
profits may obtain data royalty free through a fee waiver.
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