Harvard agrees to relinquish early photos of enslaved people, ending a legal battle

Harvard Settles Legal Dispute by Releasing Historic Photos of Enslaved Individuals

BOSTON (AP) — Harvard University will transfer 175-year-old photographs, believed to be the earliest known images of enslaved individuals, to a South Carolina museum focused on African American history. This move comes as part of a settlement with a woman claiming to be a descendant of one of the depicted subjects.

The images, identified by Tamara Lanier as her great-great-great-grandfather Renty, whom she refers to as “Papa Renty,” and his daughter Delia, will be handed over from the Peabody Museum of Archaeology and Ethnology to the International African American Museum in South Carolina. This is the state where they were enslaved in 1850 when the photos were taken, according to Lanier’s lawyer on Wednesday.

This settlement concludes a 15-year dispute between Lanier and the university over the release of the 19th-century daguerreotypes, a form of early photography. Lanier’s attorney Joshua Koskoff described the outcome to The Associated Press as an “unprecedented” victory for descendants of enslaved individuals in the U.S. and commended his client’s persistent efforts in seeking justice for those she asserts are her forebears.

“I think it’s one of one in American history, because of the combination of unlikely features: to have a case that dates back 175 years, to win control over images dating back that long of enslaved people — that’s never happened before,” Koskoff said.

A key question of the case was whether Harvard could legally be allowed to continue owning dehumanizing images of enslaved people who couldn’t consent to taking part. The Massachusetts court system ultimately sided with Harvard on the question of ownership, but allowed Lanier to continue to pursue emotional damages from the institution.

Harvard said Wednesday that it had long been working to relinquish ownership of the images “to put them in the appropriate context and increase access to them for all Americans.”

Negotiations between Harvard and Lanier lawyers resulted in a settlement that included the removal of the images from Harvard’s ownership.

On Wednesday, Lanier stood holding a portrait of Papa Renty while arm-in-arm with Susanna Moore, the great-great-great-granddaughter of Harvard biologist Louis Agassiz, who commissioned the images on behalf of the university and whose theories on racial difference were once used to support slavery in the U.S. Both great-great-great granddaughters — one of enslaved people and another of a man who exploited them — praised the resolution.

“This is a moment in history where the sons and daughters of stolen ancestors can stand with pride and rightfully proclaim a victory for reparations,” Lanier said. “This pilfered property, images taken without dignity or consent and used to promote a racist psychoscience will now be repatriated to a home where their stories can be told and their humanity can be restored.”

Moore called the images captured by her ancestor, Agassiz, a “deeply racist project.”

“This victory reminds us that the meaning of such objects in museums can and should change,” she said. “This woman standing next to me, she knew all along she was not small and she was not alone.”

A question of ownership

In 2019, Lanier sued Harvard, alleging the images were taken “without Renty’s and Delia’s consent and therefore unlawfully retained.” The suit attacked Harvard for its “exploitation” of Renty’s image at a 2017 conference and in other uses. It said Harvard has capitalized on the photos by demanding a “hefty” licensing fee to reproduce the images.

Agassiz came across Renty and Delia while touring plantations in search of racially “pure” enslaved individuals born in Africa, according to Lanier’s suit. To create the images, both Renty and Delia were posed shirtless and photographed from several angles.

“To Agassiz, Renty and Delia were nothing more than research specimens,” the suit said. “The violence of compelling them to participate in a degrading exercise designed to prove their own subhuman status would not have occurred to him, let alone mattered.”

In 2021, a Massachusetts court ruled that photos are the property of the photographer, not the subject — a stance affirmed by the Massachusetts Supreme Court.

However, while Harvard sought to have the case dismissed, the state high court allowed the case to proceed on Lanier’s claim to emotional distress damages.

The state’s highest court recognized “Harvard’s complicity in the horrific actions surrounding the creation of the daguerreotypes,” saying that “Harvard’s present obligations cannot be divorced from its past abuses.”

In a statement, Harvard said it had “long been eager to place the Zealy Daguerreotypes with another museum or other public institution.”

“This settlement now allows us to move forward towards that goal,” the university said. “While we are grateful to Ms. Lanier for sparking important conversations about these images, this was a complex situation, particularly since Harvard has not confirmed that Ms. Lanier was related to the individuals in the daguerreotypes.”

A new home for Renty and Delia

Tonya M. Matthews, the CEO of the International African American Museum, called Harvard’s relinquishing of the images a moment “175 years in the making.”

“The bravery, tenacity, and grace shown by Ms. Lanier throughout the long and arduous process of returning these critical pieces of Renty and Delia’s story to South Carolina is a model for us all,” she said in a statement.

The South Carolina museum has committed to working with Lanier and including her in decisions about how the story of the images will be told.

In Lanier’s lawsuit, she asked for Harvard to acknowledge its complicity in slavery, listen to Lanier’s oral family history and pay an unspecified sum in damages. An undisclosed financial settlement was part of the resolution with Harvard announced Wednesday, but Koskoff said Harvard still hasn’t publicly acknowledged Lanier’s connection to them or its connection to perpetuating slavery in the U.S., Koskoff said.

“That is just left unanswered by Harvard,” he said. Koskoff said he wants to be clear that Lanier and his team “firmly support” Harvard’s current fight against the administration of U.S. President Donald Trump as the White House moves to cut billions in federal aid and block the enrollment of international students, accusing the institution of being a hotbed of liberalism and antisemitism.

“We are not here today to bash Harvard… but that doesn’t mean that they are perfect, and that doesn’t mean that they don’t have the obligation to tell a full history, even one that sheds poorly on their own veritas,” he said.

He said Lanier isn’t expecting or waiting to hear from the institution, but that the settlement speaks for itself.

“In the end, the truth will find you — you can you can only hide from it for so long,” he said. “Yes, history is written by the winners. But over time, you know, those winners look like losers sometimes.”

You May Also Like

Trump's pick of Stephen Miller for chief of staff lights match in looming war with Democrats

Trump Picks Stephen Miller for Deputy Chief of Staff, Stoking Clash

WASHINGTON — The gloves are off, and President Trump is turning to…
Turning Point USA event at University of New Mexico ends with two arrests and a string of charges

Two Arrested After Turning Point USA Event at University of New Mexico

Two men were arrested Monday at the University of New Mexico after…
Gunman opens fire from moving car in European tourist hotspot, leaving 6 dead and at least 11 wounded

Drive-By Gunman Kills 6, Wounds 11 in European Tourist Hotspot

BREAKING: 5 dead, 12 injured in Poland shooting Fox News correspondent Stephanie…
Democratic Missouri state rep accused of threatening to kill someone day after winning reelection

Missouri Democratic State Rep Accused of Death Threat After Reelection

Missouri state Rep. Anthony Ealy Jr. was arrested on suspicion of threatening…
GOP counts a few more wins in House races -- but Democrats still have massive majority

GOP Gains More House Seats, but Democrats Keep a Huge Majority

Republicans received a rare boost Friday as several closely watched midterm races…
Michigan Senator-elect Abdul El-Sayed’s Wikipedia page was whitewashed of controversies before election: sources

Michigan Senator-elect Abdul El-Sayed’s Wikipedia Page Was Stripped of Controversies Before Election: Sources

Michigan Sen.-elect Abdul El-Sayed’s Wikipedia page was quietly revised over the past…
Kentucky woman Kayla Barrett storms onto high school football and strangles player: cops

Kentucky Woman Kayla Barrett Charged After Allegedly Strangling High School Football Player, Police Say

A Kentucky woman was arrested after allegedly rushing onto a high school…
Stephen Miller pledges 'absolute loyalty' to Trump in first speech as WH chief of staff

Stephen Miller Vows ‘Absolute Loyalty’ as White House Chief of Staff

New White House Chief of Staff Stephen Miller promised “absolute loyalty” and…
In his words: New White House chief of staff Stephen Miller is US immigration hardliner, bombastic critic of Democrats

Stephen Miller, Trump’s Immigration Hardliner and Democrat Critic

WASHINGTON — Stephen Miller, President Donald Trump’s newly appointed White House chief…
Chicago Bears stadium news: Proposal at former US Steel South Works site gains attention as lawmakers work on legislation

Chicago Bears Stadium Plan at Former U.S. Steel Site Draws Attention

CHICAGO () — A proposed Chicago Bears stadium on the city’s Southeast…
Newsom orders California’s most reviled killers off death row – 10 of the worst who could benefit

10 Notorious California Killers Who Could Benefit From Newsom’s Order

California Gov. Gavin Newsom announced Nov. 5 that 548 people on the…
DOJ moves to drop its lawsuit asking California to set aside alleged noncitizen ballots

DOJ Seeks to Drop Lawsuit Over Alleged Noncitizen Ballots in California

The Justice Department on Friday asked to dismiss its own lawsuit, which…