Legal Question in Intellectual Property in New York
Who owns rights to letters and photographs?
If someone takes letters and photographs and uses them in a book or movie without the permission of the person writing them or the person who took the photos, is there any remedy to the author. How about the recipient of the letters? Can they publish them without permission of the writer? Thank you for any help.
1 Answer from Attorneys
Re: Who owns rights to letters and photographs?
Depending on the circumstances of the taking, your relationship with the person who took the photos/letters, previous publication, if any, of the photos and letters and your status (private person vs. celebrity), you may have a claim based on the violation of your privacy and/or publicity rights. This type of claim is highly fact-dependent so general discussion of the issues involved is pretty much useless. Normally book publishers and film producers obtain consents and releases for the use of any personally identifiable material (whether or not it comes from the recipient of the correspondence); however, there are also defences to certain unlicensed use.
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