The Protocol includes sections on "Intent and Benefit to the Hopi Tribe," "Risks," "Tribal Consent," "Right to Privacy, "Confidentiality," "Use of Recording Devices," "Ownership," "Fair and Appropriate Return," "Indian Preference in Employment and Training," and "Review of Product or Research Results/Study."3 Both the Resolution and the Protocol mark new ground for the Tribe in making a legal claim for Tribal control of research and use of information and materials related to the Tribe, including historic photographic collections.
It is in retrospect, now that these images have acquired the extra lenses of age, nostalgia, and layers of symbolic meaning, that we value them. However, it would be naive to too quickly reject the idea that historic photographs are not used for commercial purposes.
For example, many historical societies and museums, not to mention "for-profit" organizations across the country sell postcards and calendars using historical photographs of Indians. Also, "researchers" in archives may include, as well as academics, individuals such as Ken Burns, whose vastly popular television series make almost exclusive use of historic photographs, including many of Indians. Small wonder that the tribes would want some part, finally, in control and gain from this historic exploitation.
Therefore, repatriation of photographic materials seems unlikely and tribes such as the Hopi have concentrated on building relationships and agreements with individual institutions which hold relevant material. Several institutions in Arizona, including the Heard Museum and the Cline Library at Northern Arizona University, have informal agreements with the Hopi Tribe which restrict access to and use of photographs of sacred and ceremonial material or events, and di- rect any request for publication of images to the Hopi Tribe.