 Mitchell S. Speert |
Buying negatives of deceased photographers This might be a bit of an off-beat question, but recently I bought a significant amount of slides and large format negatives at an estate sale of a commercial photographer. He did a lot of fashion, travel, and beer ads in the 1960's and 70's, some of which was in the collection that I purchased from his estate. I'd like to be able to print images from these negatives/slides not only for myself but also for others. Those I make for my own use and for friends - no big deal, I understand that. But if I were to print out some of his more interesting images into large prints, would I be allowed legally to sell the prints? Technically I now own the originals, having purchased them from his estate. But do I have legal rights to use them for commercial purposes? Thanks. -- Mitch (p.s. - I haven't yet scanned any to digital so I can't post an example of them here)
|
|
|
|
||
|
Mark Feldstein |
This is a great question to ask a lawyer in your neighborhood or county. One who specializes in intellectual property and privacy laws both of which vary from one jurisdiction to another. Besides Mitch, while the legal advice you get on the internet will get you into the ballpark, buying the opinion from a lawyer on their letterhead will get you into the box seats if you're sued. In other words, that opinion letter may act as your best defense if someone or their family, files a civil action against you for one reason or another.
|
|
|
|
||
|
Todd Bennett |
Go see a lawyer for this one bud.
|
|
|
|
||
|
Mitchell S. Speert |
Thanks, guys. Guess I'll have to pony up a few dollars to the professionals for their stamp of (dis)approval.
|
|
|
|
||
|
Mark Feldstein |
Hey Mitch, just think of all the dough you saved by buying these at an estate sale and that this is really also money well spent. M.
|
|
|
|
||
|
Pete H |
Hey Mitch, are any of these the "Lost work of Ansel Adams"? LOL Not sure if this applies or not; Michael Jackson purchased full rights to the Beetles music some time back. At that time he could use and profit from the music as he wished. Most of the Beetles are now gone, but I believe it was Sony Corp who owned the rights at the time. It's a good question.
|
|
|
|
||
- Dennis Flanagan Contact Dennis Flanagan Dennis Flanagan's Gallery |
Michael actually out bid Paul McCartney for the rights.
|
|
|
|
||
|
Mitchell S. Speert |
^Yeah. That ticked Paul off big time since he was friends with Michael at the time. Kinda bothered me, too. Logic would tell me that I now own the full-use rights to the originals but I'll check with the legal eagles to be safe.
|
|
|
|
||
- Carolyn M. Fletcher  Contact Carolyn M. Fletcher Carolyn M. Fletcher's Gallery |
I'm sure the answer will be of interest to many people, not only for the purpose you stated, but what about when WE die, can we leave our work to someone else and could they sell it if it was marketable?
|
|
|
|
||
|
Mark Feldstein |
Sure Carolyn ! It'd be nice though if the copyright was still in effect that you're transferring the copyright(s) to the beneficiary and using language, which in essence says that "all copyrights held presently in my name together with the body of physical work including all prints, transparencies, negatigves, CDs, images, etc., reduced to any tangible means of expression, shall, upon my demise, be transferred to and inure to the benefit of my heirs and assigns (or a specific individual(s)). For the exact language, talk to a lawyer in your neighborhood who does either wills, trusts, and/or estate planning. :>) Pretty straightforward stuff Carolyn. Good question too.
|
|
|
|
||
|
Todd Bennett |
Darn Mark, that sounds like fancy lawyer talk to me! Carolyn, I too am interested to see what comes of this. Hopefully Mitchell will let us know.
|
|
|
|
||
|
- Carolyn M. Fletcher Contact Carolyn M. Fletcher Carolyn M. Fletcher's Gallery |
Thanks Mark! What would we do without your smart self?
|
|
|
|
||
|
Mitchell S. Speert |
I will let you all know once I do. Unfortunately, none of the lawyers I know practice this type of law and I'm a little too busy over the next few dsys to seek out someone who does. But when I do, believe me I'll post up everything I find out.
|
|
|
|
||
|
Mark Feldstein |
Awwwwwwwww, Carolyn you make me blush !!! 0/;>0 And Todd, wait'll you get a load of me tap dancing ! LOL The theory is that copyrights, under federal law, are property rights and as such, may be bequeathed to heirs, etc., through testamentary intent of the deceased (before they get that way. St. Pete flips a few pages on his clipboard, ponders the question and gets out a calculator. After a minute and running the numbers he says "Well, according to our figures and those are based on the number of actual attorney hours you billed your clients for, you're 136 years old!"
|
|
|
|
||
|
- Carolyn M. Fletcher Contact Carolyn M. Fletcher Carolyn M. Fletcher's Gallery |
A lawyer went to heaven and was in line behind the pope. The pope was directed to go live in a run-of-the-mill bungalow and the lawyer to a grand mansion on the hill. The lawyer inquired as to why the pope got worse lodging then he, and St.Peter said "well, he's our 367th pope, and you're our first lawyer."
|
|
|
|
||
|
Mark Feldstein |
ROFLOL !!!! Thanks ! M.
|
|
|
|
||
|
Mitchell S. Speert |
LOL! Thanks for the jokes!
|
|
|
|
||
|
This old forum is now archived. Use improved Forum here
Report this Thread |
||