[pure-silver] Re: Experts: Ansel Adams photos found at garage sale worth ...

  • From: <mark@xxxxxxxxxxxxxxxxxx>
  • To: pure-silver@xxxxxxxxxxxxx
  • Date: Fri, 30 Jul 2010 10:09:18 -0700

Don it is not quite as cut and dried here in the US.  When dead the copyrights go to the estate as long as they are in force.  But there is another complication in that a name can be a brand, and branding can be transferred by contract here.  For years and years much of the items sold by teams in Nascar with the drivers image or logo, but none of the revenue produced from the image or name of the driver actually found its way to the driver.  It was considered part of the job of driving a race car.  Now most if not all have their on brand and companies that deal with that part of the business, and have their own ways of licensing products.

I'm no lawyer and don't play one on TV, but Ansel Adams could be considered both a name and a brand.  I don't know if Ansel trademarked his name or the ramifications that would hold.

If in the US the artist is dead and the copyright has expired, the work falls into public domain and anyone can use it.

 
-------- Original Message --------
Subject: [pure-silver] Re: Experts: Ansel Adams photos found at garage
sale worth ...
From: Don Sweet <don@xxxxxxxxxxxxxxxx>
Date: Thu, July 29, 2010 10:52 pm
To: pure-silver@xxxxxxxxxxxxx

That's interesting.  In my country an artist's right to prevent false attribution of authorship is one of the so called moral rights covered by copyright law. I don't know how it works in the USA. 
 
Where the artist is dead, and assuming any copyright has expired, who has "the right to the name"?
 
 
Don Sweet
 
----- Original Message -----
Sent: Friday, July 30, 2010 2:40 PM
Subject: [pure-silver] Re: Experts: Ansel Adams photos found at garage sale worth ...

In a message dated 7/29/2010 1:23:33 P.M. Pacific Daylight Time, don@xxxxxxxxxxxxxxxx writes:
As there would therefore not be much point in starting a court case over the authenticity of these negatives,  I fail to see why these people are talking like Melvin Belli.
 
If the Adams estate owns the right to the name, there certainly is cause for a dispute.
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