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Jan,
You're right if her father or husband was the original photographer or somehow obtained the rights from the original photographer. But if the photos are just part of a collection, the original photographer retains the rights to his or her photos. So making copies for sale would be illegal. She does specify that they are copy negatives in her listings.
Richard Townsend
Lincoln City, Oregon -----Original Message-----
From: Jan Kohl <j.kohl@wildblue.net> To: CBQ <CBQ@yahoogroups.com> Sent: Mon, Mar 5, 2012 4:13 pm Subject: [CBQ] Re: Scanning Negatives > 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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