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hopefully this isnt too morbid or blunt.....

 
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alissashreddah


Joined: 03 Aug 2008
Posts: 6

Post Posted: Wed Aug 06, 2008 4:19 pm     Reply with quote

what are the rules if you were to upload pictures with people in it that are deceased such as cool old family photos or something. I mean its not like you can get a model release for something like that?

anyways, I just pondered that the other day and wondered how that would work.
ktgraphics


Joined: 16 Jan 2008
Posts: 186
Location: Ont, Canada

Post Posted: Wed Aug 06, 2008 5:00 pm     Reply with quote

If they are your relatives, you can sign a release on they're behave. :)
alissashreddah


Joined: 03 Aug 2008
Posts: 6

Post Posted: Wed Aug 06, 2008 9:30 pm     Reply with quote

ktgraphics wrote:
If they are your relatives, you can sign a release on they're behave. :)

ah cool. good to know. I dont even have any pictures of deceased, but i was just curious what to do in that situation. hopefully Im not snapping photos of people soon to die. :-\
vclements


Joined: 20 Sep 2007
Posts: 820
Location: 35°14' N 80°50' W

Post Posted: Wed Aug 06, 2008 9:38 pm     Reply with quote

Just don't go killing people to get that shot...I hear it's frowned upon
jmci


Joined: 29 Oct 2006
Posts: 880
Location: Northern Ireland

Post Posted: Thu Aug 07, 2008 12:23 am     Reply with quote

When you say "old family photos", do you mean old photos that you found among family effects, or photos of family members that you took a long time ago?

If you didn't take the photo yourself, you can't upload it to SS because the copyright stll belongs to the original photographer.
riffmax


Joined: 10 Mar 2005
Posts: 2405
Location: Florida, USA

Post Posted: Thu Aug 07, 2008 7:53 am     Reply with quote

jmci wrote:
When you say "old family photos", do you mean old photos that you found among family effects, or photos of family members that you took a long time ago?

If you didn't take the photo yourself, you can't upload it to SS because the copyright stll belongs to the original photographer.


But if that photographer is also deceased, then what?

My understanding is that next of kin owns the rights on something like that. For instance, I have some photos of my grandmother that I would love to upload, but my uncle (her son) is still living, so he is technically the owner of that photo, correct?

What is the rule with siblings and cousins? I mean, when my uncle is deceased and I am one of 5 of the next generation, who would own the copyright? Would it be the eldest (my brother) of the five? Or would we all/each own them? Also, isn't there a time frame when a photo becomes public domain?
jeffbanke


Joined: 18 Dec 2005
Posts: 4285
Location: right here for now!

Post Posted: Thu Aug 07, 2008 11:47 am     Reply with quote

Perry,
Wouldn't the ownership of images be something that might be defined in a will? I mean in the case of your grandma, who took the images? Was that persons intellectual property defined in their will when they died? If not, then I would have assumed that it would have been equally shared between your father/mother and your Uncles, therfor you may actually have legal ownership, but it is a mine field and you may not want to go there. However if you did, you could simply get all ownership of copyright deeded over to you by your Uncle, and anyone else that might legitimately have a claim to it, wouldn't cost much to do?
Anyway just a thought!
jmci


Joined: 29 Oct 2006
Posts: 880
Location: Northern Ireland

Post Posted: Fri Aug 08, 2008 12:32 am     Reply with quote

riffmax wrote:
jmci wrote:
When you say "old family photos", do you mean old photos that you found among family effects, or photos of family members that you took a long time ago?

If you didn't take the photo yourself, you can't upload it to SS because the copyright stll belongs to the original photographer.


But if that photographer is also deceased, then what?

My understanding is that next of kin owns the rights on something like that. For instance, I have some photos of my grandmother that I would love to upload, but my uncle (her son) is still living, so he is technically the owner of that photo, correct?

What is the rule with siblings and cousins? I mean, when my uncle is deceased and I am one of 5 of the next generation, who would own the copyright? Would it be the eldest (my brother) of the five? Or would we all/each own them? Also, isn't there a time frame when a photo becomes public domain?


That's a good point, but a lot of the really nice old photos weren't taken by family members - a couple of generations ago, if people wanted their photograph taken, they went to a professional studio. If that's the kind of photo we're talking about, wouldn't you have to find the descendants of the original photographer?

That's before you even start thinking about model releases...
LuvThatVert:)


Joined: 07 Mar 2005
Posts: 1214
Location: Miami FL USA 988 days to retire.

Post Posted: Mon Aug 11, 2008 8:47 am     Reply with quote

The rules are locked up and ss has not given me the key.

I suspect on this case SS would rather go on a case by case basis and they would not commit to a 'free for all' rule, so if you feel it is worth it their time based on either a very large quantity and/or great quality, you could write to SS and ask for a specific ruling for you only.
jeffbanke


Joined: 18 Dec 2005
Posts: 4285
Location: right here for now!

Post Posted: Wed Aug 13, 2008 7:58 pm     Reply with quote

jmci wrote:


If you didn't take the photo yourself, you can't upload it to SS because the copyright stll belongs to the original photographer.


Or are owned by their heirs, as is the case with Ansel Adams images!
 
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