There is no interpretation the copyright belongs to the creator of the
images unless IN WRITTING the copyright is transfered.   I can sell you a
print or all my prints and I still own the copyright unless I specifically
transfer the rights to you.  This does not change in third party 4th party
whatever sells.

Randy S. Little
http://reel.rslittle.com


On Thu, Jul 10, 2008 at 5:19 AM, mepdgrad <[log in to unmask]> wrote:

> 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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