Photography Copyright

V

VJAYNE

Suspended / Banned
Messages
1
Name
Victoria
Edit My Images
Yes
Hi all,
I'm new here. I'm not a photographer myself but I had a question regarding my father's photos. He passed away 3 years ago and I've been thinking about the tons of photos he took through his life - weddings, landscapes, animals etc. as he was a semi-professional wedding photographer.

Now I've had time to think, I'd love to do something with them, either a local exhibition or photo books etc. (I haven't given it much thought at the moment) but I just wondered where I stood on using the photos, seeing as they don't belong to me, and he didn't put anything about them in a will.

Am I able to use them as I am his child (aged 26) as long as I reference him, or is there some copyright I need to be careful of even though he's deceased?

Thank you in advance

Victoria
 
Hi Victoria and welcome to TP

Purely AFAIK, copyright exists for 70years after the death of the 'author' plus even though not specifically mentioned in his will I have a vague memory of reading that the inheritors of said 'author' in effect inherit the rights.

Now, I am tagging @DemiLion as he, as far as I am aware, has the most direct experience of the way copyright works/functions and will therefore possibly be the TP member who can point you in the right direction to clarify your situation and maybe as appropriate get it ratified via the proper channels......if necessary?
 
Whomever was the beneficiary of the residue of his estate (ie everything not specifically detailed in his will) now owns copyright of the images and will do for the next 67 years.
 
Last edited:
DemiLion said:
Whomever was the beneficiary of the residue of his estate (ie everything not specifically detailed in his will) now owns copyright of the images and will do for the next 67 years.
Click to expand...
Just jumping in......
If the whole estate is divided by percentage (ie, 50%, 25%, 25%) do the named individuals share their percentage of the copyright Mark ?
 
Canon Bob said:
Just jumping in......
If the whole estate is divided by percentage (ie, 50%, 25%, 25%) do the named individuals share their percentage of the copyright Mark ?
Click to expand...

That would depend on how the executors distributed the assets.
 
VJAYNE said:
Hi all,
I'm new here. I'm not a photographer myself but I had a question regarding my father's photos. He passed away 3 years ago and I've been thinking about the tons of photos he took through his life - weddings, landscapes, animals etc. as he was a semi-professional wedding photographer.

Now I've had time to think, I'd love to do something with them, either a local exhibition or photo books etc. (I haven't given it much thought at the moment) but I just wondered where I stood on using the photos, seeing as they don't belong to me, and he didn't put anything about them in a will.

Am I able to use them as I am his child (aged 26) as long as I reference him, or is there some copyright I need to be careful of even though he's deceased?

Thank you in advance

Victoria
Click to expand...

I am not an expert, but the way I see it...

The copyright belongs to your father, and after the death of your father, it would have to depends on his Last Will. If he left the estate to you, then you could consider yourself the copyright holder. I know you said "he didn't put anything about them in a will" but technically speaking, his photos counts as part of the estate, and if the estate is passed on to you, then the photos belongs to you, but well, the credits should stay with your father, you only have the rights, not the copyright.

You could put © followed by either your father's name, or some kind of wording like "Estate of..." followed by your family name. Something similar to what the families of famous people do.

Kind of like, if I wrote some manuscripts and I dies, if the manuscripts are passed onto my family, and they decided to try to publish them. They would be worded like "Rights of Major Eazy Estate" or something like that. Meaning that if someone wants to publish your father's photos, they have to ask you for permissions.

If the photos are passed to you as part of the estate, you hold the rights, unless you sell off the rights.

Best thing to do is check with a solicitor if this is correct.

Just make sure you credit them in your father's name, with a notice mention the rights of the family estate.

It is known that some writers, artists, musician, etc., when they dies, their works are passed down the family lineage. Most families decided to keep the copyright, and use words like "Estate of Blanky Blank" so if a movie studio wants to make a movie based on the novel, the studio would ask the family for permissions. But some other families decided to sell the rights, meaning they give up the copyright, and it now belongs to the movie studio who don't need to ask the family for permissions.
 
Last edited:
Major Eazy said:
I am not an expert, but the way I see it...

The copyright belongs to your father, and after the death of your father, it would have to depends on his Last Will. If he left the estate to you, then you could consider yourself the copyright holder. I know you said "he didn't put anything about them in a will" but technically speaking, his photos counts as part of the estate, and if the estate is passed on to you, then the photos belongs to you, but well, the credits should stay with your father, you only have the rights, not the copyright.

You could put © followed by either your father's name, or some kind of wording like "Estate of..." followed by your family name. Something similar to what the families of famous people do.

Kind of like, if I wrote some manuscripts and I dies, if the manuscripts are passed onto my family, and they decided to try to publish them. They would be worded like "Rights of Major Eazy Estate" or something like that. Meaning that if someone wants to publish your father's photos, they have to ask you for permissions.

If the photos are passed to you as part of the estate, you hold the rights, unless you sell off the rights.

Best thing to do is check with a solicitor if this is correct.

Just make sure you credit them in your father's name, with a notice mention the rights of the family estate.

It is known that some writers, artists, musician, etc., when they dies, their works are passed down the family lineage. Most families decided to keep the copyright, and use words like "Estate of Blanky Blank" so if a movie studio wants to make a movie based on the novel, the studio would ask the family for permissions. But some other families decided to sell the rights, meaning they give up the copyright, and it now belongs to the movie studio who don't need to ask the family for permissions.
Click to expand...

:)Not sure all that is correct :)


https://www.dacs.org.uk/latest-news...ghts-after-death?category=For+Artists&title=N

https://www.dacs.org.uk/knowledge-base/factsheets/protecting-copyright-and-artists-resale-right
 
Last edited:
You must log in or register to reply here.
Back
Top