Re: A little help...

Hello Marsha
I do not know if there are specific issues in the US. As far as I know, if the case was in France, the prints are the property of the museum, and there is no basis for a claim (in France) on the rights on the prints, (rights do not exists for the photographer heirs either as 1923+ 70 years is 1993+5 years for the 2th War=1998 ) . If the museum has digitized the prints, the digital file is the property of the museum also. So the museum can charge whatever they want for the use of the digital file and they have no obligation to provide the file. One way to resolve the issue to feed the family album is to visit the museum, and if visitors are authorized to take pictures (for non commercial use) to take a picture of the prints if they are on display. At least it is the situation in France!
Good luck!!
Alain

Marsha L. Zavar a écrit:

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>> I'm posting the following question in hopes that an expert in the
>> matters of copyright can offer some help:
>
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> An individual is aware that a museum owns original photographic prints
> that were taken of his family members in the 19th century by a famous
> photographer. They were taken prior to 1923. The museum claims to own
> the copyright to the photographs. The individual would like copies of
> these photographs to place in a family history that he is compiling.
> Who owns the copyright to the photographs? Are they in the public
> domain or does the museum legally own the copyright?
>
> Thank you for your time and attention.
> Marsha
>
>
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> Marsha L Zavar
> Copyright & Interlibrary Loan
> Beeghly Library
> Ohio Wesleyan University Libraries & Information Services
> 43 Rowland Avenue
> Delaware, OH 43015
> voice:740-368-3234 fax:740-368-3222
> mlzavar[_at_]owu.edu
>
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Received on Fri Apr 08 2005 - 02:00:00 GMT