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Re: ownership



Afraid I cannot provide proper legal counsel here. This sounds like a good
one.  However, I recall quite a controversy about the ownership of the photo
of the Rock N' Roll Hall of Fame, in Cleveland. It's the photo in posters
that you may have seen. It is real nice. Anyway, someone started marketing
the poster of this photo, when all heck broke out about who really owned it
(and probably because someone stood to gain financially from it). So a legal
battle ensued. Not quite sure what was decided in whose favor, or what, but
it was an interesting legal case. After some time, I believe I read where
this guy got the go-ahead, perhaps with some licensing arrangement, to
market the poster.  By the way, if you've not seen the Rock Hall of Fame,
it's worth a trip. Lots of neat, personal memorobilia on display, cool
artifacts, and the album covers (I can actually remember those) will blow
you away.    Afraid this won't answer the question; ould be nice to know if
some legal precedence has been set.


Sharon Lee Butcher, Reference Librarian
AEDC Technical Library
100 Kindel Drive, Suite C212
Arnold AFB, Tennessee   37389-3212
Email:  sharon.butcher@arnold.af.mil
Phone:  (931) 454-4430/DSN 340-4430
FAX:    (931) 454-5421/DSN 340-5421

> -----Original Message-----
> From: Miriam Meislik [SMTP:miriam+@PITT.EDU]
> Sent: Tuesday, January 04, 2000 2:33 PM
> To:   ARCHIVES@LISTSERV.MUOHIO.EDU
> Subject:      ownership
>
> I have a question regarding ownership with which I hope  the list can
> offer some advice.
>
> Who would legally own the images in the following situation:
>
> An architectural firm hires a photographer or more to document the
> construction of  buildings that they are working on.  The firm many
> years later goes out of business via bankruptcy and all their material
> is auctioned.  A former employee of the firm purchases items.  The
> employee then in turn tries to sell or donate some of the material to
> repositories they feel would be able to put the material to good use.
> Some of the images list the photographer, some don't.  Of the ones that
> do list the photographer, one has a stamp stating that the negatives are
> held by the studio.  The last image created was done in 1953. All are
> stamped as property of the architectural firm.
>
> Since the photographer took the images on a "for hire" basis for the
> architect, I have always thought that the person or firm hiring the
> photographer was the owner of the images in the way that whatever we
> create at work is property of our employer.
>
> If the firm goes out of business and their items are purchased by
> someone else, does the purchaser really have legal right to give the
> items away or sell them?
>
> Maybe this is straighforward and my mind is still on vacation, I just
> thought I would appeal to the list for an opinion.
>
> Miriam
>
>
>
>
>
> Miriam Meislik,MLS
> Associate Archivist
> Photograph Curator
> Archives of Industrial Society
> 400 North Lexington Avenue
> University of Pittsburgh
> Pittsburgh, PA 15260
> (412)244-7075 voice
> (412)244-7077 fax
> miriam+@pitt.edu
>
>
>
>
> Everyone has a photographic memory. Some just don't have film.
> --Steven Wright
>
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A posting from the Archives & Archivists LISTSERV List!

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Problems?  Send e-mail to Robert F Schmidt <rschmidt@lib.muohio.edu>