Intellectual Property Law

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I have inherited several photographs from my parents and a…

I have inherited several...

I have inherited several photographs from my parents and a few have become familiar and sought after in certain genealogy circles. I have recently been contacted by a film and picture researcher in France who is working on a book for the publishing house, Somogy editions who wants permission to use two of my pictures and he wants to know what I would charge for their use. I have done some investigation into copyright related to pictures as I am working on a family history and hope to use several of the images.

Lawyer's Assistant: Do you have a registration record?

Sorry, did not intend to send this yet.

Lawyer's Assistant: Have you talked to a local attorney? Has anything been filed in court?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I want to know if I can give my permission for the picture's use, and if I can, will I lose my right to use the pictures in the future.

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Answered in 30 minutes by:
3/9/2018
Attorney Wendy
Category: Intellectual Property Law
Satisfied Customers: 481
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I have been an attorney for about 20 years. Assuming the person from whom you inherited the photographs had ownership of them (e.g., was the photographer or subject being photographed or obtained them legally from that person), you should have all rights to them, including publishing or licensing someone else to publish them. It is totally up to you how much to charge someone for their use. In addition, you will want a written agreement with that person or entity specifying to what use you agree (e.g., one time publication, posting on the Internet, inclusion in a physical publication, etc.). You can provide consent for that use at no charge, for a flat fee or in exchange for royalties or a portion of the profits from sale of anything containing them. In addition, if you choose to consent to another's use, you will essentially be licensing them to use the photos and will want to be clear that this is a non-exclusive license, meaning that you could actually license others to use the same photos. And, you will want the agreement to be clear that you retain all ownership and continuing rights to full use of the photographs yourself. That is pretty easily done. As the owner, you control other's access and do not give up your own unless you expressly agree to do so.

I hope this helps. If you need anything further, please reply to this email. If I have answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
Category: Intellectual Property Law
Satisfied Customers: 481
Experience: Member at Keefer & Keefer LLC
Verified
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Customer reply replied 1 month ago
Thank you very much for your response. In view of your answer, if the following items are included in an agreement would I be reasonably protected to use the photographs in the future? NOTE: this is not an agreement, but they things I would like included in an agreement. I believe the publisher may have their own set of requirements, although they were not able to send me a standard agreement.
Damien Bosco
Category: Intellectual Property Law
Satisfied Customers: 4,144
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That looks great; wonderful job.

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Category: Intellectual Property Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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