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Question

I have created a tribute website (income generated by paid subscription, with a free sample gallery), of my father's 40+ years as PLAYBOY, glamour, pin-up and nude photographer. I would like to include photos taken for submission of the three Playmates he photographed in 1960, 1963, and 1964. PLAYBOY Magazines contract states they own all rights to photos taken after the model was accepted as a Playmate of the Month and all material created on assignment for them is their property. My question concerns my rights to publish photos taken prior to the models acceptance as a Playmate. Their Photographer's Agreement states: [I hereby certify that I am submitting to PLAYBOY Magazine all nude or semi-nude photographs, negatives and transparencies that I have already taken of this Playmate candidate.] It does not say PLAYBOY magazine will own all rights to the photos taken prior to acceptance as a Playmate. Is it legal for me to publish (on my website) the pre-Playmate photos? Tom Leja

Submitted: 129 days ago.
Category: Intellectual Property Law
Value: $15
Status: CLOSED
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State/Country relating to question: California

Accepted Answer

There have been disagreements over this type of arrangement in the past and the issue becomes in that agreeing to have surrendered all photos, negatives etc...along with surrendering rights to the material created on assignment they will have the strongest argument that they acquired the rights to those images as well. The reason that this argument is strong is that if a person were to publish other works not created on assignment for the magazine of the same subject, it diminishes the value of the photos taken for the magazine and thus hurts their property rights in the photos. Thus, without some written reservation of rights by your father, the magazine would most likely be able to successfully enjoin you and prohibit you from posting those photos which would likely be deemed to be their property as all of the negatives and copies were supposed to have been surrendered to the magazine as part of the contract (meaning your dad should not have had any copies remaining).

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Expert: PaulMJD
Pos. Feedback: 99.5 %
Accepts: 566
Answered: 11/9/2009

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