Have you asked the studio whether the photos could have been done as
a "work for hire" for the studio? Maybe they can give you a release
and indemnify you. Otherwise, you have a problem. It is good to keep
records of the good faith effort to contact the photographers but
bottom line is that if the photographer is the owner of the work, it
should be cleared. Just fyi, its not a good idea to use images of
famous people in paid ads or on the covers of books w/o their express
permission.
Elaine Coolbrith
Elaine_Coolbrith[_at_]WGBH.org
This is not a legal opinion, and constiutes my own personal views only.
> Date: 4/5/96 1:14 PM
> To: Elaine Coolbrith
> From: cni-copyright[_at_]cni.org
>
> Hello:
>
> I'd appreciate some advice, should anyone be so inclined to give some.
>
> I'm writing a book about a place called the Creative Music Studio in
> Woodstock New York. I have been given access to the CMS archives
> (actually a loose uncataloged assemblage of photos, press clippings,
> press releases, letters, and assorted brochures and administraive
> documents).
>
> I intend to include many of these photos, most of which exist as contact
> sheets with no negatives or negatives with no contact sheets. Some
> have photographers' names on them; many do not.
>
> Need I concern myself with copyright infringement if I am publishing
> what would seem to amount to found photos? No one seems to be able
> to identify the photographers.
>
> A second question: Some of the photographs have photographers' names
> on them, but attempts to locate the photographers have not availed
> (many of the photos are twenty years old). Can I simply publish the
> photographers' names next to the photos and feel that I've done enough
> to comply with the law, even though no official permission to publish
> has been granted?
>
> I'd be grateful for any advice.
>
> Thank you,
>
> Bob Sweet
> University of Michigan
> Transportation Research Institute Library
> bsweet[_at_]umich.edu
> (313) 936-1073
Received on Fri Apr 05 1996 - 20:35:41 GMT