Re: [CBQ] Re: Scanning Negatives

[Norm Metcalf <n.metcalf@att.net>]

You're correct that she MAY have the rights to the collection.  However, 
if she's selling copy negatives without specifying that they're copy 
negatives then she's violating the law on collectibles that says that 
replicas have to be marked as such.
        Norm Metcalf, Boulder Colorado

On 03/05/2012 05:12 PM, Jan Kohl wrote:
>   >  The woman selling these copy negatives on eBay, "lemonadesqueeze," has 
> access
> to a large collection of railroad prints (her husband's or father's?) and 
> makes
> copy negs>  from them to sell -- a clear violation of copyright law.  She 
> simply
> copies the information written on each print in listing the date and location
> for her eBay listings.  I've aided>  her illegal effort a couple of times with
> purchases of copy negs that were quite obviously not taken when or where her
> listing said they were.
>
> Actually, if the collection is from an estate that she is the beneficiary from
> (like her husband or father), she is perfectly within her rights to make 
> copies
> of negatives.  What she *should* do is specify that the purchaser is getting a
> "copy", (i.e. a copy of the original negative) or the original.  From your
> description it sounds like she is making negative copies (and I think I've
> purchased a few from her).  Again, something she has a right to do if she owns
> the collection (willed from the original purchaser if she was not the
> photographer), but would cut down on a lot of confusion since many people 
> assume
> if they've purchased a negative that they have an original.
>
> Cheers!
>
> Jan Kohl
> castlegraphics.com


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