 BetterPhoto Member |
Old Negative Ownership I have an old negatvie of a local Histoic Building (1900). It is an original negative. I left this at my place of work, an antique shop, and a coworker took it from my drawer and lent it to a local prominent artist who has made limited edition copies as enlargements ( which are selling like hotcakes). My coworker told the artist I would not mind if he also made a copy of my negative .This was done without my permission. I only found out when I saw one of the enlargements being framed at the shop next door. My coworker claims they thought I would not mind since the artist is such a good customer. The artist has purchased the building in the photo, hence his making copies. Do I have any recourse as I do not hold the copyright? Thanks, Steaming Mad
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Jon Close |
I am not an attorney. If you cannot settle this with the artist you should perhaps consult one. The owner of the negative may own its copyright as well, though copyrights can expire. If the negative belongs to you and not the business, then the coworker did not have the right to allow its use by another. If it belongs to the business, then it's possible (but not certain) that the coworker could be considered to have been acting as a agent of the business in granting its use to another. The owner of the historic building holds rights to the commercial use of its image. That does not mean that they have a right to use your negative and make/sell prints from it. But it does mean that you probably could not sell prints commercially without the owner's permission. In my non-professional and possibly wrong opinion, neither of you can sell these prints without the other's permission. You two should be able to reach an equitable agreement to share the enterprise of selling the prints, without resorting to the expense (in $$ and goodwill) of hiring attorneys.
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