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[fredonian]

Greetings, and thank you for your time in reading. I feel my question seems dim, but I'm clueless on what type of attorney I would seek to act as legal advisory for unpublished and one of a kind historical stock images. Not looking for magic answers, just the term or type of attourney who would know the field. Thanks-Charles

[Smokin]

How old are these photos?

If they are old enough, unpublished or not, they would be in public domain.

Are you the creator or a descendant of the creator?

Owning a photograph does not make you the owner of the intellectual property rights of that photo, just makes you an owner of a photograph.

If you want to talk about copyrights, then in IP lawyer is who you want to talk to, but you may need more than that. Getty makes money off of images that are in the public domain in several ways, mostly by a service based model and a contract by anyone looking to use this service to have access to your "one of a kind" images. You can copyright the collection, but not the individual photos.

GL

[fredonian]

Greetings Smokin-Your one whom  I've cherished reading on the most reviewing this site and thank you for replying to my thread.

Forgive my initial input being so vague. When I had entered that I was "not seeking magic answers" it was originally intended to imply that I was not seeking a magic bullet against the rule of copyright. I had to cut myself short because my battery on my device was about to give and I left it as is.

Without over elaborating on a concept thats fairly unique and charitable in nature, let me first clarify that it would involve a vast collection of a private organization of honorable merits that has elected to sustain itself outside of "non-profit." The copyright status of the collection varies broadly as it is modestly large. The useage would only involve pieces that either apply fully within copyrite protection or not subject to loose (nor necessarly gain) in any unforeseen  challenge. Technically it based on providing a unique means for early display of rather thought provoking and rare "one of a kind" images that have never been publicly seen. It would only involve materials by which the copyright staus can be validly applied or as stated earlier...null and clear of infringement. Any printed and applied protection status most likely would vary in it's application and level of weight, but legally clear concerning the original creator or their estate.

It's your many references and apparent awareness (in previous post) on the many gray areas that are ever present in copyright that so impresses me. Mainly what I'm seeking is someone who could advise me on the many unknowns that often comes only from experience beforehand.. I as well need someone to review and assist with the "fine printings" and "disclaimers" in printed materials or on a website. It would be helpful if they also had some knowledge or familiarity with organizations or entities that hold a collection of rare images. Or alternately what may be required to qualify a collection for applyable protection or allow them to become "rights managed" or "royalty free" matterial by a stock image agency like "Getty."

 I will read up on what an "IP" lawyer is and does any of the above information change abything?  I'm sorry this is so seemingly loaded and please ignore the overstuffings. I'm just clueless what to search for in the yellow pages. Only if you are willing and have the time and please know my words can not thank you enough.  Charles

P.S. If you ever offer your time in informal and freelance discussion outside of the forum I would be happy to explain the concept in better detail via message or email if you were curious to the specifics. It's nothing all too extraordinary really but I don't notice anyone else applying it in this "specific" way which to the best of my knowledge and review with the current laws both State and Federal I seem to be reasonably clear.

[chugan]

 Getty makes money off of images that are in the public domain in several ways,

Huh?  How does Getty make money on works that have fallen into the public domain?

[JSonnabend]

There is no prohibition against making money off of public domain works.  See Redhat Linux, e.g., or any of the public domain literary works for sale on Amazon.

- Jeff