This has been a great discussion on copyright and property rights. I appreciate the discussion. Kathy ----- Original Message ----- From: "Claire K" <[email protected]> To: <[email protected]> Sent: Friday, September 15, 2006 5:24 PM Subject: Re: [PAFRANKL] Question Re: Franklin Co. Book > Glenn Yeager wrote: > >> Dear Claire: >> What's Your point ? Birth , Marriage and Deaths are public domain or it >> would not be allowed to appear in a newspaper ! > > The facts (name, date, location) of a BMD are PD under US law. The > newspaper notice could be copyrighted; in certain circumstances > (including under non-US law), the BMD certificate can be copyrighted. > > Using a persons photograph >> is limited , I can tate a photo of any public figure "President Bush" and >> sell as many copies as I care to , > > Now you're raising issues of privacy and publicity, which in many cases > would prohibit exactly what you're suggesting -- but that's state law, > so it varies by state, so you'd have to look into the individual state > law at the time of the photograph. Usual practice would be to get a > release from the photo's subject, esp. before the wide distribution you > mention. Else you may find yourself sued. > > but taking a photo of You and saying >> photo thaken by Me ! of Claire and using it as an advertisment of My work >> without Your permission would show You endorse My photography work !That >> is >> illeagle ! > > False endorsement is indeed illegal. Using my photo in a commercial > sense (on a brochure, say) also raises issues of privacy and publicity, > as above. Other state law issues also may arise. > > You must wait for 50 years after the death of a person taking a >> photograph to copy it legaly into a book with out that persons permission >> , > > The current term of copyright is life+70 years, not life+50. What you > are describing is a copyright issue (the photographer's right), not a > privacy/publicity issue (the subject's right). Both may, however, be > implicated. > >> For instance My father took a photo of His Grand-mother or My Great >> Grand-mother , I can not publish that photo until the 21 Aug. 2049. > > As Joan said, your father would have had the copyright in the photo. If > he died, his copyrights would have passed, as with all his other > property, real, personal, and intellectual, as part of his estate. His > heir is now the copyright owner and (if that's not you) can grant you > permission to use the photo. > > Claire K. > > ------------------------------- > To unsubscribe from the list, please send an email to > [email protected] with the word 'unsubscribe' without the > quotes in the subject and the body of the message >