[pure-silver] Re: Uneasy Question From Nervous Uncle

  • From: "Mike Kirwan" <mkirwan@xxxxxxxxxxx>
  • To: <pure-silver@xxxxxxxxxxxxx>
  • Date: Fri, 28 Jan 2005 05:49:59 -0800

Dear Uncle, I think the "friend" and whoever is selling your picture will
owe you at a minimum a royalty payment for each sale or a negotiated price
for the whole deal. Most reputable companies that use images insist that the
owner of the picture is the copyright holder. So the manufacturer and the
distributor could also be liable.

In this case you might find a cease and desist letter will be effective.

Mike



-----Original Message-----
From: pure-silver-bounce@xxxxxxxxxxxxx
[mailto:pure-silver-bounce@xxxxxxxxxxxxx] On Behalf Of Stein
Sent: Thursday, January 27, 2005 10:45 PM
To: pure-silver@xxxxxxxxxxxxx
Subject: [pure-silver] Uneasy Question From Nervous Uncle

Dear Friends,

     I have selected this list as the one likely to give a quick
professional response. I have an uneasy question.

     I recently took large format pictures of my friends dressed in fantasy
gear up at a deserted railway tunel. All went well, we did not burn down the
tunnel, the pictures are delightful.

     No money charged for anything - film and photography my treat. I made
up a quick batch of 12 8 x 10's and gave them to twelve of the participants
a week ago. Everyone happy.

     So happy that several of the recipients propose taking one of the
pictures to a commercial firm that recopies it onto an A3 size digital
paper, glues it onto composition board, and die cuts out a jigsaw puzzle of
it. It is packaged and the customer is charged for it.

     My images were gifts, and as I read it, while the recipients can
display the prints in their homes, I own the copyright and unless I
relinquish this further copying, publication, or commercial use of these
images runs foul of some sort of law. But which law, and who in this chain
is making themselves liable for complaint?

     Before I make a fool of myself and/or alienate my friends, can some one
clarify this for me? I hasten to add I write from Australia, not North
America. But advice from anywhere is welcome....

     Uncle Dick

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