Legal Question in Intellectual Property in California
Permission for publication of photographs of another person
I am in process of writing biography of Canadian woman who died in 1978 at the age of 90.Two of her niece's are still alive.One is in an old-age home and I have been told that she is senile. She has a daughter who is still alive. (The other niece is now in her late 60's and in very good health. She has been kind enough to give me some wonderful photo's of her aunt taken in 1922-1950. My question is can I publish these photo's with the permission of the person who owns them, or must I obtain permission from all and any other relatives who may still be alive. If I have written permission from the lady who gave them to me is this enough?) Thanking you in advance for your help.
2 Answers from Attorneys
Permission for Publication Photographs
Since pivotal details are missing here, the response discusses issues rather than giving an unqualified answer.A) Copyright - This is a bundle of rights separable from the work itself. The niece who gave her written permission along with the photos, may not be the copyright owner. (For example, the photographer may own the copyright.) Is there a copyright notice on the photographs - front or back?B) Have the photographs ever been registered with the Copyright Office, so that a search of the records in that agency would be appropriate? C) Was there any bequest in the decedent's Will regarding the photographs or copyright transfer to a specific heir?D) Was the decedent domiciled in Canada or the USA when she died? Are the nieces and 60 year old daughter of one niece residents Canada or the US? Copyrights have international application, but the different probate and/or descent and distribution laws for the two nations may give different results for copyright ownership.E) Fair Use - A defense to infringement if the biography is for educational use; if the work is not to be sold for profit; if the work is just a parody of another existing work; if you have not copied a substantial portion of a copyrighted work. See the decision in Rogers v. Koons, 751 F.Supp. 474 (SDNY-1990). F) Misappropriation of personna - Since your note listed California and Kentucky as the states involved, you should be aware of the California Statutes that prohibit misappropriation of art/artworks or in the case of a person, the personna of the individual. (I am not sure, but I don't believe that Kentucky has any similar Statute.)Call, FAX or E-Mail if I can be of further assistance.J.H.T.
Photograph copyrights
Is this person a public figure of some sort?
Are the photos some creative work of some sort or just familty photos? Were they taken by the same person who gave them to you with permission to publish them?
Please reply directly to me.Stuart [email protected]
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
