Q: I purchased an original Kodachrome slide at auction. Do I now have the right to reproduce the image for commercial gain?
The image on the transparency/slide appears to be one that was NOT selected for publishing by the original photographer. The slide that I own (Slide A) depicts the first picture in a sequence of at least two images taken a few seconds apart. Slide B (the second image in the sequence) was published and is currently available for prints and/or licensing through a well known photo licensing house. This licensing house appears to have the lion share of the original (now deceased) photographer’s life-long work/collection for prints/licensing. Additionally, there is a website run by the original photographer’s estate where a small selection of images are available for sale as prints.
What are my rights, as the owner of an original transparency by the photographer, to reproduce the image for commercial use/gain?
A:
Very interesting situation you have here
You will definitely need an attorney to navigate these waters
Many questions come up.
Is it the only original?
where other copies made?
under what agreement do the owners of copies of the material got it?
what was the title you got to the item?
did you get a general warranty title? or just a quit claim?
Under one case you get an assurance that you have superior rights
Under the other case you don't get any assurance and the best you get is the right to the physical possession of the item
what kind of auction was it?
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
