Re: Copyright of a family portrait
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Posted by M. Arthur Auslander on May 01, 2000 at 04:54:29:
In Reply to: Copyright of a family portrait posted by Paul E. Gaydar on April 28, 2000 at 10:28:09:
: We had a family portrait done by a local photographer for 50th anniversary. I paid for the taking of the picture. And I paid for the portraits and 4 8x10's. I paid a total of $1250.00 for the above. I now want some 5x7 and some 8/10 and they refuse. They want an exhorbant amount when all I want is 8x10 on glossy photograhic paper. They claim they own the negatives under the copy write laws. What I don't understand is I paid for the set-up and then pay them for my pictures. Why do they own these negatives? Since this is pictures requested by me? I need help can anyone help me?
Unfortunately the law is on their side. I represented a restaurant that had a photographer client. They asked him to take pictures which they paid for. They took one picture and painted it outside the restaurant. They were sued. They were stuck.
It's tough but you really have to know the law or ask a lawyer familiar with the subject.
If you had consulted a lawyer before the picture were taken you might not have had this problem or you might have been able to work out a solution.
It may sound ugly to have to think of what you do this way but that is the way things are.
M. Arthur Auslander
The Intellectual Property Law Server
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