Re: using photos in a book

Hi:

That's a good idea. Thanks for the tip. But how can I determine whether a photo or group of photos fall within the definition of a work for hire?

Is the interpretation to be gleaned from the law, itself?

I expect that people from the studio who are still available might not know the circumstances under which these photographers came to take these photographs.

Thanks for helping me out.

Bob

Bob Sweet
University of Michigan
Transportation Research Institute
Library
bsweet[_at_]umich.edu
(313) 936-1073

> 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 Wed Apr 10 1996 - 19:35:32 GMT