I have skipped commenting on this thread up until now, but this was just
too much. I just had to add my viewpoint, obviously from a different
perspective than that expressed by Jim Moss.

The idea that copyright should end at the time of death of a person who
creates the photograph is no different than saying property owned by
someone at the time of their death becomes public property open for
anyone to use. For a photographer, their negatives and prints are their
legacy and often the greater part of the value of their estate. If they
choose to donate the physical works and the rights to a museum or to
pass it on to their family, that is a way to give their support to that
person or institution. If the family or the institution neglects to
protect or renew the copyright it will run out and then the images fall
into the public domain, often earlier than they need to by law.

Copyright of photographs is a protection for the work of a professional-
just because photography is something done by most people, too many
people assume that they can use anything in anyway they please without
paying the creator for their work. If someone buys a print of an image
to hang on their wall or to add to a collection, they did not buy the
rights to reproduce and make profit from the photographer's work. It
would no different than hiring a plumber to install a sink and only
expecting to pay for the actual cost of the sink and the pipes- the
extra amount the plumber charges is for his expertise- the same for the
photographer. Most photographers have someone steal their work at some
point in their career, so they are very protective of their copyrights
for their work and when they die, or sell, or give their accumulated
work to another person or institution, they are transferring or donating
an asset they anticipate will continue to be used to the benefit of the
organization as long as the law allows (I know when I give my negative
files away at some point that will be my intention).

Remember an institution that has a large photography collection has
costs to offset in keeping the collection protected and in making it
available for people to use (for a fee) and to learn from. Charging a
fee (making a profit to reinvest) is just good business.

And as for the person who owns an "ancient" textbook and will not let
you copy it unless you pay a fee, that is not copyright, but simple
property rights. And as for the owner of an ancient text not
contributing any knowledge, they were knowledgeable enough to obtain and
preserve the book. Just think of how much knowledge and irreplaceable
things have been disposed of because the person who had it didn't add
any knowledge of what they possessed.

 From a photographer now working in the museum world.
Chris Taylor
Atchison County Historical Society

Jim Moss wrote:

>No no no, Audra,  Copyright implies money! How profitable can those copy photographs be?
> Alright, money and creativity..........
>
>So, if I take a photograph of a sea gull and I can sell it and make money, you cannot take my photograph and sell it: you need to go
>take a photograph of some other sea gull and then sell it.
>
>Now, if I should die and my estate chooses to give my photograph to an institute,  who should profit from my creativity? the
>institution who has not lifted a finger developing creativity or my family who has also not lifted a finger?
>
>Realizing that I am tilting windmills....
>
>I would argue that the copyright should cease upon my passing? And my creativity be appreciated by others without a thought of
>monetary gain? In fact profit should be legislated out of the equation.
>
>Many ancient text books would I have but for someone who owns a copy and prohibits me from having my own copy.... without paying
>them and they not one wit of knowledge contributed!
>
>This copyright issue is far too deep a mire for a mere mortal.....
>
>Regards,
>
>Jim Moss
>
>PS: This is copyrighted... All rights Reserved 2003
>
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