What is my right regarding image I own but not mine: I went to estate sales and bought a bunch of slides. While I can't be sure but very likely those are the original film in the...

BebuLamar

I went to estate sales and bought a bunch of slides. While I can't be sure but very likely those are the original film in the camera and not copies. Does the photographer have any right on those images?

gplawhorn Loc: Norfolk, Nebraska

I'm not an attorney, but I don't think purchasing the SLIDES gives you any ownership of the IMAGES, just the slides. That is, if you bought an original Ansel Adams negative on eBay, you couldn't print that negative for money, because the Adams estate still owns the image itself.

Apaflo Loc: Anchorage, Alaska

BebuLamar wrote:

I went to estate sales and bought a bunch of slides. While I can't be sure but very likely those are the original film in the camera and not copies. Does the photographer have any right on those images?

You own the physical object in your hands.

The photographer, or the estate if the photographer is deceased, owns the copyright. The copyright can be sold or otherwise transfered, but doing so requires a written document of transfer.

Owning the film means you can look at it, display it, or you can sell the film to someone else. What you cannot do is make a copy and sell or even give that away.

The copyright, owned by the photographer, is what restricts distribution and copying of the image. Whoever owns the copyright can license that right to another in almost any way they like. They can license a one time use, or they can license the right to make copies and sell them. And as noted the copyright itself can be transfered too, but only via a written document.

MtnMan Loc: ID

BebuLamar wrote:

I went to estate sales and bought a bunch of slides. While I can't be sure but very likely those are the original film in the camera and not copies. Does the photographer have any right on those images?

I'm sure you can resell the slides themselves.

But I doubt you have any rights to the images. You used to be able to purchase sets of slides, e.g. of National Parks. You could show them but not print or copy them.

Of course someone would have to claim a right through civil courts for there to be an issue. That seems unlikely in your case.

chevman Loc: Matthews, North Carolina

Does anyone know at what point do old photos become public domain? I have all of the old photos of my parents and grandparents and many of the old photos were taken by my parents and grandparents who are both deceased. Some are studio pictures from the turn of the century (1800-1900s)?
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Jerry in NC

gplawhorn Loc: Norfolk, Nebraska

"All works published in the United States before 1923 are in the public domain. Works published after 1922, but before 1978 are protected for 95 years from the date of publication. If the work was created, but not published, before 1978, the copyright lasts for the life of the author plus 70 years. However, even if the author died over 70 years ago, the copyright in an unpublished work lasts until December 31, 2002. And if such a work is published before December 31, 2002, the copyright will last until December 31, 2047."

http://fairuse.stanford.edu/overview/faqs/copyright-basics/

chevman Loc: Matthews, North Carolina

gplawhorn wrote:

"All works published in the United States bef... (show quote)

Thank you for the information and for the link. Very much appreciated.
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Jerry in NC

Dlevon Loc: New Jersey

The day will eventually come when you need an attorney at your side each time you take a photograph.

SharpShooter Loc: NorCal

BebuLamar wrote:

I went to estate sales and bought a bunch of slides. While I can't be sure but very likely those are the original film in the camera and not copies. Does the photographer have any right on those images?

Jeez Bebu, are you completely unaware of the Vivian Maier case?!
Might be worth taking a look at!
SS

SteveR Loc: Michigan

This question has come up regarding the photography of Vivian Maier.

http://petapixel.com/2016/05/04/messy-vivian-maier-legal-battle-may-soon-come-end/

http://www.chicagotribune.com/news/ct-vivian-maier-estate-court-settlement-met-20160510-story.html

Szalajj Loc: Salem, NH

SteveR wrote:

This question has come up regarding the photography of Vivian Maier.

http://petapixel.com/2016/05/04/messy-vivian-maier-legal-battle-may-soon-come-end/

http://www.chicagotribune.com/news/ct-vivian-maier-estate-court-settlement-met-20160510-story.html

Those articles are very interesting reading.

I currently hold all of my immediate family's pictures, negatives and slides dating back to the 30's and 40's at the oldest, up through those shot by my father into the 70's. Not that he was any way near as talented as Vivian Maier. But, these also include a few glass negatives that I would like to see what the subjects actually are.

There are one or two of my fathers shots that I would like to try to take duplicates of before I'm too old to lift a camera to my eye!

Mrkema

The term is intellectual property. You may own the physical property but the actual photographer owns the intellectual property. Without his express permission in writing, you can not reproduce the images for a profit.

jerryc41 Loc: Catskill Mts of NY

SteveR wrote:

This question has come up regarding the photography of Vivian Maier.

http://petapixel.com/2016/05/04/messy-vivian-maier-legal-battle-may-soon-come-end/

http://www.chicagotribune.com/news/ct-vivian-maier-estate-court-settlement-met-20160510-story.html

Yes, a lot of courtroom time for that one.

Apaflo Loc: Anchorage, Alaska

Mrkema wrote:

The term is intellectual property. You may own the physical property but the actual photographer owns the intellectual property. Without his express permission in writing, you can not reproduce the images for a profit.

Express permission in writing is not a requirement for anything other than the transfer of ownership of the copyright.

Copyright privileges may be licensed in a number of ways that are not "express permission in writing". What is called Fair Use would be an example...

tusketwedge Loc: Nova Scotia Canada

If that is true ,what I`m reading as responses , why is it that in 2007 a person bought around 100,000 negatives of a nannie ( Vivian Maier) and he has them for sale.
Web: www.howardgreenberg.com