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No,my brother has no interest in the paintings.
Is your motherstill alive?
How did you acquirethe paintings?
I need the fullbackground details please
My mother's dead. We acquired the paintings on inheritance.
So were thepaintings left to you jointly in the will?
Please explain how he got jewellery from you in exchange but he still retains an interest in them.
I am wondering how he sold them but retains some copyright. Was that agreed? Do you accept that?
My mother died intestate so we inherited her estate jointly.
The jewellery was worth less than the probable value of the paintings,so we agreed on that exchange.
We made the agreement that we keep joint copyright.
It does need hisagreement, although if you do it without his agreement, all that is likely tohappen is that if he decided to take this to court, he will be awarded 50% ofwhatever profit you make on the publications.
If you simplypublish them so that people can see them FoC, for the greater good, then he can allege that he has suffered aloss because the images could have been sold.
If you arepublishing them on the Internet, then get a specialist company to do it and thatway, they can incorporate a "tracking pixel" so that if anybody else uses itwithout your consent, you can send them a bill. The likes of Getty Images usespecialist software which trawls the Internet looking for people using unlicensedimages and stinging them for the licence fee. In that respect, it might beworthwhile getting hold of Getty to see whether they would be interested indealing with this for you and dealing with your reluctant brother's copyrightissue.
Doesthat answer the question? Can I help further? Can I answer any specific points?
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Thanks for your answer,but I don't believe you've answered the question
I wish to place images of my mother's paintings on the net in order to sell
the paintings themselves.not the images. If successful I would sell the
paintings and give a third of the profit to my brother. Does using the images for the sale of the paintings transgress on his copyright? .
I'msorry, I misunderstood that. I thought you was getting rid of them and wantedto preserve images for broadcast. I see now that the purpose of the broadcastis to sell
Thereis an agreement between you, it seems that you are allowed to sell thepaintings provided you give him one third of the profit.
Ithink it would be implied into that agreement if this went to court, that ifsomeone was thinking of buying the picture they would want to see it and ifthey wanted to see it, short of them travelling from wherever they are to lookat the picture personally, they would want to see an image of it. So either heis agreeing for you to sell it, or he is not.
Theother issue, of course, is that by not allowing you to do what you are proposingto do, he would be severely prejudicing any money that you get the paintingsand he would also of course we are limiting the amount that he gets.
Ofcourse, if these paintings are worth tens or hundreds of thousands of pounds ormillions of pounds and prospective buyers will travel all around the world, butthey will want to see a picture of what they are buying. If your brothers(potential) argument is to have any credibility, then known one would be ableto see anything other than the original painting. It makes selling them animpossibility.
As Isaid, if you are selling the pictures, then evenly be objects to it because youare breaching his copyright, he is only entitled to damages and the damageswould be the amount of money that he's getting for the sale of the paintings inany event.
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