Hello,

Collection of slides  nd home movies are being sold on ebay. Many times, in fact a majority of the time, the Ebayer has no idea of the photographer or filmmaker. Many times, the Ebayer says they bought the collections at an estate sale. Sometimes, people buy the collections, break them up and sell them on ebay. 

Would someone in the group evaluate copyright issues in these circumstances? I believe the original creators still hold copyright but I am curious to know other interpretations?

Thank you.

Elizabeth


--- On Wed, 7/9/08, David Harvey <[log in to unmask]> wrote:

> From: David Harvey <[log in to unmask]>
> Subject: Re: [MUSEUM-L] Copyright issues
> To: [log in to unmask]
> Date: Wednesday, July 9, 2008, 11:57 AM
> Susan,
> 
> Copyright law is very clear about this.
> 
> Copyright governs both the *ownership* and the *use* of
> created works. This
> means that if the original source is not in the public
> domain but is covered
> by having been created with 75 years of today (there are a
> couple exceptions
> to this) then you need written permission for the use even
> if you do not
> charge a penny. Even if an object or a photo is in public
> domain you need to
> own it in order to be fully clear to reproduce it -
> otherwise you have to
> gain permission from the owner to create a new image or
> derived work based
> on their property (this falls under a photo release /
> waiver).
> 
> The only exception to this is the "Fair Use"
> clause which is expressly
> written for libraries and universities and whether museums
> and non-profits
> qualify for this is currently unresolved and so you would
> be taking a risk
> to try this route.
> 
> As in all things copyright I strongly suggest you go to the
> US copyright FAQ
> page to get acquainted with these issues:
> http://www.copyright.gov/help/faq/
> 
> Cheers!
> Dave
> 
> David Harvey
> Conservator
> Los Angeles, CA
> 
> 
> 
> On Wed, Jul 9, 2008 at 8:34 AM, Susan Floyd
> <[log in to unmask]> wrote:
> 
> >  If a historical society attempts to reproduce a
> poster which it has
> > created from other sources ( a map and photos) but
> those other sources have
> > not cleared the copyright permission, can the society
> ask for an honorarium
> > in lieu of a selling price to avoid the copyright
> issues?
> >
> > Thanks for comments on this delicate matter.
> > Susan
> >
> >
> >
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