Q: Can I put pictures of my siblings and me in the book I am writing without their permission.
I am writing a book about growing up from 1951 - 1962. I inherited the pictures my parents took of me and my 6 siblings during that time. Can I use these pictures even if my siblings don't give their permission? My parents took them, I inherited them, and I am in the pictures.
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A:
The use of photographs in a book can be a complex legal issue, and it's advisable to consult with a lawyer specializing in intellectual property rights to get a definitive answer. However, here are some general points to consider:
1. Copyright: The person who took the photograph generally owns the copyright, unless it was taken as part of their employment or the rights were transferred. If your parents took the photos, and you inherited the rights, you may have the legal right to use them.
2. Right of publicity: Even if you own the copyright, your siblings might have a "right of publicity" over the commercial use of their likeness. This varies by jurisdiction, and some states have specific laws addressing this.
3. Private and public figures: The rules may differ depending on whether your siblings are considered public figures or private individuals.
4. Context: The context in which the photos are used (e.g., for commentary, criticism, or educational purposes) can also influence the legal considerations.
5. Family considerations: Even if you have the legal right to use the photos, it's worth considering the potential impact on your family relationships.
Given the complexities involved, it's best to consult with a lawyer to understand your rights and potential liabilities before proceeding with publication. They can advise you on the specific laws in your jurisdiction and help you navigate any legal issues that may arise.
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