Newbie ? about copyright and ownership

Discussion in 'Photographic Discussions' started by Brody, Mar 23, 2007.

  1. Brody

    Brody TPF Noob!

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    Hello everyone! I am very new here so please bear with me.

    I did a search on copyright and ownership. No real help. I have a unique dilemma. I had been given photos that belonged to my uncle after he passed away. The photos were taken by him of some of his experiences from WWII. I have an author who is interested in some of them for one of his works. I don't know how to go about this.
    Can I sell him a copy and retain copyright/ownership?
    What would be a fair price?
    Anyone have experience with a release for this type of situation?

    Thanks
     
  2. Big Mike

    Big Mike I am Big, I am Mike Staff Member Supporting Member

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    I'm not sure about the copyright, probably best to ask a lawyer.

    As for how much to charge, I don't know that either (some help I am :roll: )
    Maybe call a publisher and ask them for advice.
     
  3. fmw

    fmw No longer a newbie, moving up!

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    The one thing I do know is that your uncle should be given credit for taking the photographs in any publication, not you. Since you own the images, you can sell them. But you can't become the photographer.

    As to price, I think standard stock photo prices would probably prevail. In fact, you may want to list the images with one of the stock houses.
     
  4. darich

    darich TPF Noob!

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    I'd tend to agree with fmw regarding giving credit to your uncle.

    However, i believe copyright law only exists for 70 years after the death of the author/photographer so depending on when your uncle passed away will depend on how much time there is left on copyright protection.
    Presumably his estate would now own the copyright so if it's you then you're entitled to do with the images what you like. But if the estate is someone like his wife and all you have is the prints, then it's a different ball game.

    Pricing would depend on whether the images were front cover, back cover, full page, 1/2, 1/4 page etc. Lots of variables not to mention the intended print run and the countries the book/article would be marketed in.

    And again as fmw said, listing the images in a stock library may be a good idea but don't go for one of the micro sites where you get a few cents per download, go for a macro site where the images are sold as rights managed rather than royalty free.
     
  5. Brody

    Brody TPF Noob!

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    I was given all his personal papers, photos, militaria etc by his executor after he passed in 1975. I was not looking to take credit for "taking" the photo. The photos were "of " him with friends in different locations during his tour and some were taken "by" him. They are not like the "Raising of the Colors on Iwo", but involve some locals and people.
     
  6. darich

    darich TPF Noob!

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    I wasn't implying you'd take or steal credit for the images and I'm sure fmw wasn't implying that either.

    If you know the other people in the image it may be an idea to contact them and tell them of your situation and intent, even if it's just to let them know.

    I'm almost certain you don't need them to sign a release if they're in the shot.

    However if you make money from a shot where it's of someone rather than them being in it, then you may well need a model release.
     
  7. Brody

    Brody TPF Noob!

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    Thanks for the replies. As far as contacting the persons in the photos....I don't have exact names, and the ones that I do, I tried searching them and came up with "0". I am having a tough enough time doing research on my uncle's war time service. BTW, these photos were taken from 1943-45, I doubt many of those that were in the pics are still alive.
     

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