Albert Kern

Photos of Manassas Battlefield and vicinity by Albert Kern
First posted Aug 11, 2004
Last update Feb 15, 2012

These photos first appeard on the Manassas Battlefield website in 1997. After I left the park in 1999, they deleted all the pages I had created. I made several attempts in 2004 to gain permission from The Montgomery County Historical Society of Dayton, Ohio to use these images on my personal site. They apparently ignored my inquires, giving no response at all. Therefore I am proceeding with this posting under the assumption that they either have no objections or do not care.

Albert Kern was born in 1847 in Germantown, Ohio. He came to Dayton, Ohio in the early 1870s to become a successful lawyer.

Between the years of 1880 to 1920 he was an enthusiastic photographer in the Dayton area. He served at one time as vice-president of the Dayton Camera Club. He was also a devotee of military history and spent many hours recording aspects of American military life, customs, battlefields and the like. Later many of his photos were used in articles dealing with military history.

Albert Kern's collection of 15,000 glass plate negatives is housed in the archives of the Montgomery County Historical Society of Dayton, Ohio, and a recent indexing has brought to light and made available these photos of Manassas Battlefield.

On February 15, 2012, I received the following email.

Mr. Harrell,

It has been brought to our attention at Dayton History that you currently have 33 Albert Kern images on your history website at http://nps-vip.net/history/kern/index.htm that you acquired while employed at Manassas National Park. While the Park did have permission to use the images on their site, the right to do so was not transferable to you. You state that you tried to contact Montgomery County Historical Society in 2004 to ask permission to use the images, and perhaps your emails were lost. We do apologize if that is the case, but do not feel that our lack of response equates to permission for you to use the images.

Typically, requests for use are submitted to us and are assessed, and fees are charged for use of our images in any capacity beyond personal research without publication of any sort. You may submit a request for use of the images, which we will be willing to consider. The use fee for publication on web sites is $125 per image, for a total cost of $4,125.00. You can contact me so that a Release Form and Invoice can be generated for that purpose. If you choose not to pay the use fee, we request that you remove any and all Kern images that are owned by Dayton History (formerly the Montgomery County Historical Society) from you website.

If you choose to pay and keep the images, some of the text on your home page will also have to be changed. As of February 14, 2012 you have a statement that reads "You may use the text and photos from this site (with credit to my site) but will have to do your own research." This would have to be changed to reflect that the Kern images are the property of Dayton History and could not be used for any purpose without written permission from Dayton History. Again, if you choose not want to pay for their use, the images will need to be removed from your website immediately. We thank you for your cooperation in this matter.

Curt Dalton
Visual Resources Manager
Dayton History
1000 carillon blvd
dayton, ohio 45409

The photos were removed from my site
at 8:50 am mountain time, February 15, 2012

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