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RE: second-hand ownership
- To: liblicense-l@lists.yale.edu
- Subject: RE: second-hand ownership
- From: Sandy Thatcher <sgt3@psu.edu>
- Date: Fri, 16 Nov 2007 17:56:52 EST
- Reply-to: liblicense-l@lists.yale.edu
- Sender: owner-liblicense-l@lists.yale.edu
There is, of course, the big question whether one can claim copyright protection in a photo that is not in itself "artistic" (and can't be if it is to be a faithful reproduction of another object, like a letter) as though it were an "original" work. The general thinking, in the wake of the late 1990s Bridgeman case, is that it cannot.
Generally speaking, payment of fees for the right to publish someone else's copyrighted photo allows the one time publication of the photo by the liceensee However, you should carefully review the language of the rights allowed wed you by the owner. The rights allowed may be broader than an one time publication. Linda K. Hopkins Attorney at Law, Intelliware Int'l Law Firm 449 South Owasso Boulevard West, Roseville, MN 55113 Phone: 651-481-0177; Email: lin.hopkins@hotmail.com
Sanford G. Thatcher Director, Penn State Press University Park, PA 16802-1003 http://www.psupress.org
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