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OT - Copyright and photo reproduction? What's proper?

Discussion in 'The Hokey Ass Message Board' started by Kevin Lee, Sep 17, 2003.

  1. Kevin Lee
    Joined: Nov 12, 2001
    Posts: 7,669

    Kevin Lee
    Super Moderator
    Staff Member

    Recently inherited a box of med. format negatives that my father shot of different car dealerships back in the fifties. He was a photographer his whole life and died in '88.

    I intend to have a gallery showing with a single copy of each print available and the proof staying with me for display in my home. And obviously they cannot be signed by him - anyone know how would this work?
     
  2. plan9
    Joined: Jun 3, 2003
    Posts: 4,101

    plan9
    Member

    did you inherit the photos? if you did, they are yours to do with as you please, also... if the image didnt belong to someone/business before hand, then its open to the public... however, there are different types of copywrites. did your pop do it as a business or just for the sake of taking pictures? example-remember when the 75yr copywrite of mickey mouse was almost up? made big news because it could have been baught by someone else... it was going become public domain.

    more to it, but the shorthand version of the above... if your old man took those photos for a client, and the client had them copywritten for 75yrs (think this is the max) and you made money off those photos, that is considered copwrite infringment, his kids can sue you if they found out.
     
  3. OGNC
    Joined: May 13, 2003
    Posts: 1,194

    OGNC
    Member Emeritus

    As long as you have legal possession of the images and that you let everyone know that they were printed AFTER the photographer had passed on it shouldn't be a problem. You may want to come up with some sort of form to give to the people who buy the prints with some information about your father, the camera he used to create the image, the name and location of the dealership and that the image was printed by his son it might make them easier to sell.
     
  4. Kevin Lee
    Joined: Nov 12, 2001
    Posts: 7,669

    Kevin Lee
    Super Moderator
    Staff Member

    Thanks. The pictures were taken just for the sake of taking them but that was his business his entire life. They were mixed in with some family photos and other things like a trip to Mexico - some really cool shots there - and some wierd 'gator wrestling in the South somewhere. Some stuff you can't even imagine. I found a color slide in pretty bad shape that shows a Tucker with a sign behind it with something to the effect of "Place your order today". Maybe that's Preston Tucker standing in the photo among the other people? Just lots of old photos. Some are cars and some are people and all of them are great - of course my opinion is biased - it was my Dad after all.

    Of course this would all be documented to the best of my ability if it happened. The gallery and single print idea aren't about money at all. I just think there are some really cool shots in the mix and if someone saw my Dad's work in a gallery and really dug it I would want to give them a chance to appreciate it every day. You have to understand that there are box after box of negatives - no way I could ever enjoy them all as printed and framed work. Seems selfish to just keep them boxed and there's no way I could have the best ones all printed and displayed.

    This is all just talk right now. Just thought someone here might have some insight. Thanks so far.
     
  5. Django
    Joined: Nov 15, 2002
    Posts: 10,198

    Django
    Member
    from Chicago

    That would be a nice legacy/tribute for your dad. Sounds cool. You should be fine with the copyright I would think. I can't imagine you would have any problems arising from that since you are the photographer's son. I'd go for it.
     
    lothiandon1940 likes this.
  6. plan9
    Joined: Jun 3, 2003
    Posts: 4,101

    plan9
    Member

    [ QUOTE ]
    As long as you have legal possession of the images and that you let everyone know that they were printed AFTER the photographer had passed on it shouldn't be a problem. You may want to come up with some sort of form to give to the people who buy the prints with some information about your father, the camera he used to create the image, the name and location of the dealership and that the image was printed by his son it might make them easier to sell.

    [/ QUOTE ]

    actually, iam almost positive you dont need anyones consent, or describe the image. although, it would deffinately add a neat twist to things to have a description. you are not targeting one particular person, for instance... a newscast crew doesnt need to get consent to get your picture so long as you are not the focus.

    you also have to consider the dates... people in frame are probably DEAD. kinda straying from the copywrite issue, but i really dont think you will have any problems... to be safe, you should really talk to a copywrite lawyer... some will consult free of charge, or for a light fee. seems minor, but in the long run you its better to be safe than sorry... seller beware.
     

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