Owning copyright of another's photo art collection
Jon
1900's glass plate images. The owner want to keep the orginal plates
(images) as they represent a family hierloom. Where I come in is that
I believe the images have art value. I am looking to have ownership
of the copyrights while the owner keeps the orginals. I will invest in
the marketing and selling the images and provide a royalty to the
owner.
Is this possible since it is the orginal material only that is
copywriteable?
If I own copyrights and if a family member, at some future time,
decides to sell the plates are there any issues?
Anyone have any feedback before I determine if this project is even
worth paying an attorney for?
Kenne A
always difficult.
I have been under the current understanding that in Canada and the US the
copyright " falls off the table" 50 years after the shutter was pushed. One
of the best ways to find out what's what, where you reside is to contact
local Libraries and archives, that Gov'ts run.
Quite often they are not correct in their interpretation as they colour
their own assets
also check the statement by National Archives Photo, and others as to what
they say on their web sites.
The University of British Columbia acquired all my commercial work, 90,000
negative going back 40 years, 7 years ago, when I was disabled by illnesses,
and at that time I gave the copyright at that time as I know they may not
have wanted them otherwise. I believe that since some of the work will so
be 50 years old, and that the earlier work was taken by my father, who is
now deceased, it would soon be in the public domain.
All that said; if there is a collection in somebody else's hands and if they
keep it, and do not do any thing with it, they own all the rights, if they
do not publish any of it, copyright does not come in to question.
That is what has been my experience.
I sold a box of 11x14' and 8x10's this month to a man who has wanted them
for 30 years. They were images I printed 3o years ago for a Newspaper and
for myself. The glass and nitrate negatives, I cleaned and catalogued and
were sold to the provincial Archives here 20 years ago.
I still had these images and when they were sold earlier this month, it was,
and I believe the buyers understanding that there was no copyright on them.
Now if this guy makes Posters of a book out of those prints, I believe he
can copyright the book or poster. See how confusing it can become.
In my profession life, my experience, is to be paid upfront, for my own work
and then "Let it Go" otherwise one could wind up, bitter, a drunk, and
develop cancer, I did.
Hope that helps, First Things First" ke...@numinous.ca
www.numinous.ca for fun and for free.
Phil Stripling
> I have a business opportunity that involves a collection of old early
> 1900's glass plate images. The owner want to keep the orginal plates
> (images) as they represent a family hierloom. Where I come in is that
> I believe the images have art value. I am looking to have ownership
> of the copyrights while the owner keeps the orginals. I will invest in
> the marketing and selling the images and provide a royalty to the
> owner.
You don't say what country. If the images are that old, it is likely that
there is no copyright still in existence as to the original plates. Another
person may do a book or other publication of the photographs and have a
copyright in that edition, but I do not think that there is still a valid
copyright in the originals.
> SNIP<
> If I own copyrights and if a family member, at some future time,
> decides to sell the plates are there any issues?
In the US, the plates are separate from the copyright. As you know, you can
buy any number of books, without owning the copyright. Same here -- someone
can buy the plates; whether there is a copyright to transfer is a
question you need to aks a local lawyer who does work in intellectual
property.
>
> Anyone have any feedback before I determine if this project is even
> worth paying an attorney for?
My suggestion is to see a lawyer and ask for a licensing agreement between
the owner of the plates and you; you need to discuss the transfer of title
to the plates vis-a-vis the license. In the US, state law would govern
property rights in the plates and how to perfect your interest in them
through the licensing agreement. The agreement needs to cover ownership of
the plates, what happens in the event of a transfer (maybe you should have
a right of first refusal?), and maybe some kind of liquidated damages
for you if the owner transfers the images in violation of the agreement. Be
sure to use a lawyer who has experience in this field.
--
Philip Stripling | email to the replyto address is presumed
Legal Assistance on the Web | spam and read later. email to philip@
http://www.PhilipStripling.com/ | my domain is read daily.
Lou Lesko
>
> Anyone have any feedback before I determine if this project is even
> worth paying an attorney for?
John,
I would definitely invest a couple hundred dollars for the time of an
attorney. Copyright issues are complex and there is always something you
forget to think of. If the info from the lawyer yields a no joy for the
current project you will at least hae the information to take with you to
your next project.
LL