See www.copyright.gov Yes, you can inherit the copyright. Also, the
copyright doesn't begin until the item is published. There are several
methods of copying negatives. Apparently Kodak has discontinued
direct-contact copying film. There are specialized copy cameras or you
can rig a copy stand to hold a camera over a light table so as to
photograph the negative (or slide). Prints can be copied with proper
lighting on the print. Randy is correct that someone can sell a copy
negative without realizing it. But to make copy negatives and sell them
without specifying that they are copy negatives is illegal.
Norm Metcalf, Boulder Colorado
On 03/06/2012 08:24 AM, William Barber wrote:
> Randy,
>
>
> Thank you to you and Jan for the detailed responses on this issue. I
> have two questions, however.
>
> 1. If only the copyright owner can assert copyright, does that mean that
> the copyright dies with the owner if he hasn't passed it on? I have
> photos that my father took. There was no formal pass on of copyright
> between us, but I have assumed that I have the right through inheritance.
>
> 2. I have been around photography for more than 50 years, although I
> have never done any darkroom work. How does one copy a negative? Do you
> somehow photograph the negative or is there a contact method for doing
> it? I always thought a negative was a one time thing.
>
> The computer world and digital photography has changed all that. There
> are many things that can be done with photographs now that weren't even
> possible in the analog era.
>
> Bill Barber
> Gravois Mills, MO
>
> On Mar 6, 2012, at 4:17 AM, CBQ@yahoogroups.com
> <mailto:CBQ@yahoogroups.com> wrote:
>
>>
>> Re: Scanning Negatives
>>
>> <http://groups.yahoo.com/group/CBQ/message/39268;_ylc=X3oDMTJwa2J0bGdpBF9TAzk3MzU5NzE1BGdycElkAzE3MTI3BGdycHNwSWQDMTcwNjA0MzAwNARtc2dJZAMzOTI2OARzZWMDZG1zZwRzbGsDdm1zZwRzdGltZQMxMzMxMDI5MDUz>
>>
>>
>> Posted by:
>>
>> "qmp211"milepost206@mchsi.com<mailto:milepost206@mchsi.com?Subject=%20Re%3A%20Scanning%20Negatives>
>> qmp211 <http://profiles.yahoo.com/qmp211>
>>
>>
>> Mon Mar 5, 2012 10:16 pm (PST)
>>
>>
>>
>>
>>
>> Jan is right. To summarily label an eBay seller to be in violation of
>> copyright law might be slanderous without any proof other than a
>> broad, reused eBay description. Further, only the copyright owner can
>> assert copyright ownership. Not a casual bystander.
>>
>> Unless you know the intentions under which the original or copy
>> negative were bought, acquired, traded or sold, it is merely
>> hyperbolic speculation on the intent and legal doctrine this seller is
>> operating under.
>>
>> Lemonadesqueeze can sell any negative and doesn't have to detail
>> anything unless he/she knows the item is a copy and even then, how did
>> he/she derive that this subject negative is in fact a copy? In
>> addition, a "copy negative" could fall under a derivative work,
>> another can of worms. And there is no law requiring a reproduction to
>> be labeled as such. It is an ethical issue, not legal.
>>
>> Most every prolific rail photographer with a darkroom traded negatives
>> and prints. Corbin, Griffith, Hardy, Stringham and a hundred more
>> traded, sold and gave away negatives.
>>
>> Many of these negatives were copy negatives but a lot of negatives
>> were exchanged for other original negatives. The only way to know for
>> sure is to compare emulsion numbers on the film. And that only works
>> if the emulsion number is on the negative in question. Basically, no
>> one makes copy negatives any more. If can be done at a lab but it is
>> very expensive and not something for eBay.
>>
>> Most all the prolific photographers wanted to share their work with
>> others and took steps to see that the material they had was shared
>> with others instead of being rat-holed in a basement for no one to
>> ever see. They excelled at disseminating information on a mass basis -
>> think analog social media.
>>
>> There is no excuse for not asking questions of the seller. But don't
>> believe the seller has the necessary knowledge to make the statements
>> they profess. eBay is cloaked in caveat emptor. And sometimes that
>> works out to the buyers' advantage.
>>
>> BTW - The negatives I have purchased from Lemonadesqueeze have not
>> been copy negatives even though they were described as such and the
>> emulsion numbers supported it.
>>
>> Randy Danniel
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