Tim, Bev, whoever: I think the question that needs an answer is, "Under the 1988 Act, as revised, if I pay to have a photo taken by a professional, while he/she may own the negative, have I the right to make copies from, display, sell, loan or give away the finished photos that were done for me?" (PS: Notice that this discussion of ownership of the negative has almost no bearing on what may be "Fair Use" under the US Code.") Paul Drake JD Genealogist & Author <www.DrakesBooks.com> 931-484-9129 ----- Original Message ----- From: [email protected] To: [email protected] Sent: Sunday, December 11, 2005 6:57 PM Subject: Re: [VAROOTS] Fw: copyrights, "Fair Use", and genealogy In a message dated 12/11/2005 7:38:42 PM Eastern Standard Time, [email protected] writes: I guess my quandary is since I hired her and paid her to take the pictures for me who owns the pictures? She does. You paid her to get one copy or multiple copies from her only. You did not buy the right to copy her 'artistic' works. I have an even sillier example - I have in my possession a picture of an overturned logging train in Cass, WVa. taken in the very early 1900s. I took it to a professional photographer to have copies made for the rest of the family. I asked for the resulting negative and he claimed the negative was copyrighted as his work. Be careful when hiring anyone for this kind of thing - you may not be buying what you think you are. Bev ============================== Search the US Census Collection. Over 140 million records added in the last 12 months. Largest online collection in the world. Learn more: http://www.ancestry.com/s13965/rd.ashx -- No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.1.371 / Virus Database: 267.13.13/197 - Release Date: 12/9/2005

You may give away, display, loan or sell the originals you purchased, but you may not legally make any copies of them of any type. While I have never heard of it being enforced, even scanning them and putting them in a screensaver on your computer is not legal in the eyes of the law. With that in mind I'd be in big trouble, as my screensaver is full of portraits of my family. Paul Drake wrote: >Tim, Bev, whoever: I think the question that needs an answer is, "Under the 1988 Act, as revised, if I pay to have a photo taken by a professional, while he/she may own the negative, have I the right to make copies from, display, sell, loan or give away the finished photos that were done for me?" > >(PS: Notice that this discussion of ownership of the negative has almost no bearing on what may be "Fair Use" under the US Code.") > > Paul Drake JD > Genealogist & Author ><www.DrakesBooks.com> > 931-484-9129 >

I sure would like to read that Code section if you have it at hand, Tim. Thanks. I think we are a long way from VA genealogy, though who owns our photos and writings surely is important. Paul ----- Original Message ----- From: Tim Kemp To: [email protected] Sent: Sunday, December 11, 2005 7:39 PM Subject: Re: [VAROOTS] Fw: copyrights, "Fair Use", and genealogy You may give away, display, loan or sell the originals you purchased, but you may not legally make any copies of them of any type. While I have never heard of it being enforced, even scanning them and putting them in a screensaver on your computer is not legal in the eyes of the law. With that in mind I'd be in big trouble, as my screensaver is full of portraits of my family. Paul Drake wrote: >Tim, Bev, whoever: I think the question that needs an answer is, "Under the 1988 Act, as revised, if I pay to have a photo taken by a professional, while he/she may own the negative, have I the right to make copies from, display, sell, loan or give away the finished photos that were done for me?" > >(PS: Notice that this discussion of ownership of the negative has almost no bearing on what may be "Fair Use" under the US Code.") > > Paul Drake JD > Genealogist & Author ><www.DrakesBooks.com> > 931-484-9129 > ============================== New! Family Tree Maker 2005. Build your tree and search for your ancestors at the same time. Share your tree with family and friends. Learn more: http://landing.ancestry.com/familytreemaker/2005/tour.aspx?sourceid=14599&targetid=5429 -- No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.1.371 / Virus Database: 267.13.13/197 - Release Date: 12/9/2005