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Linda Roch
Linda Roch, Magazine Editor
Category: Entertainment
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Experience:  I was a magazine editor.
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I have photos of Dr Martin Luther King but I am told that his

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I have photos of Dr Martin Luther King but I am told that his foundation can stop me publishing these. As I am not in the USA is that true please?
Submitted: 4 years ago.
Category: Entertainment
Expert:  Linda Roch replied 4 years ago.
This really depends on who owns the copyright to the pictures. If you own the copyright to the pictures, then the foundation cannot prevent you from publishing them. If they own copyright to the pictures, that is the only time that they can prevent you from using the pictures other than the copyright owner himself.

In addition, if you're in a different country, they will have to sue you in a US court and serve you while you are in the US to get an injunction. If they do it through the courts in your country, it would depend on your country's laws and it would be quite a lengthy process.
Linda Roch, Magazine Editor
Category: Entertainment
Satisfied Customers: 1299
Experience: I was a magazine editor.
Linda Roch and other Entertainment Specialists are ready to help you
Customer: replied 4 years ago.
Thank you for the help. I understand your response and yet in my experience even companies such as NBC want indemnity before they will allow you any footage containing Dr King, so there appears to be more to it.
Expert:  Linda Roch replied 4 years ago.
They probably want indemnity because they can't be sure that you own the copyright to the pictures that you have and they don't want to be sued for using a picture with a copyright that someone else owns who did not give permission for it to be shown.
Linda Roch, Magazine Editor
Category: Entertainment
Satisfied Customers: 1299
Experience: I was a magazine editor.
Linda Roch and other Entertainment Specialists are ready to help you
Customer: replied 4 years ago.

Thanks for that but I wasn't very clear about the situation.

 

We are using footage from NBC which we have cleared with them but they wanted indemnity agoinst the MLK foundation.

 

That's why I was concerned

Expert:  Linda Roch replied 4 years ago.
The only reason I can think of that would explain why they would want an indemnity is that some of the pictures or footage may be owned by a third party and/or the MLK foundation.
Linda Roch, Magazine Editor
Category: Entertainment
Satisfied Customers: 1299
Experience: I was a magazine editor.
Linda Roch and other Entertainment Specialists are ready to help you

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