Q: I found a roll of negatives. I had photos printed. How can I market the negatives without breaking any copyright laws?
The subject in the photos is one of the most famous people in the world, taken during a historical event. No other photos of this event have ever been published.
I want to market the sale of the original negatives to prospective collectors.
I know who took the photos and that person is deceased.
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- Answered
A:
To market your roll of negatives legally, first verify the copyright status of the photographs. Since the photographer is deceased, copyright typically lasts 70 years after their death in California. If this period has not yet passed, you’ll need permission from the current copyright holder to sell or distribute the negatives.
Next, consider any rights related to the famous person featured in the photos. Even if the images capture a historical event, the individual may have rights of publicity that protect their likeness. Ensure that selling the negatives does not infringe on these personal rights, especially if the photos are used commercially.
Finally, present your negatives to collectors by highlighting their uniqueness and historical significance without reproducing the images without authorization. Use clear descriptions and provenance to attract interested buyers while respecting all legal boundaries. Consulting with a legal professional can provide additional guidance to ensure you navigate the process correctly.
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