If you have unpublished photographs taken by a deceased relative which you wish to use on Wikipedia, how would you license them? Assuming that you have survivor rights or permission from other heirs of the photographer, would it be possible to release them under the GFDL or cc by sa? If they were taken by, say, your grandfather, and there is nothing in his will dealing with "other stuff", would you have to get permission from all of his surviving children, or their heirs (if the children are deceased)? I'm assuming here that the photographs are otherwise unpublished, and were taken recently enough/the person was alive recently enough that they would still be covered by copyright.
Ian
On May 6, 2006, at 7:24 AM, Guettarda wrote:
If you have unpublished photographs taken by a deceased relative which you wish to use on Wikipedia, how would you license them? Assuming that you have survivor rights or permission from other heirs of the photographer, would it be possible to release them under the GFDL or cc by sa? If they were taken by, say, your grandfather, and there is nothing in his will dealing with "other stuff", would you have to get permission from all of his surviving children, or their heirs (if the children are deceased)? I'm assuming here that the photographs are otherwise unpublished, and were taken recently enough/the person was alive recently enough that they would still be covered by copyright.
My understanding is that if you're the heir, you inherit all property, including intellectual property, and can do with it as you see fit.
On 5/9/06, Philip Welch wikipedia@philwelch.net wrote:
On May 6, 2006, at 7:24 AM, Guettarda wrote:
If you have unpublished photographs taken by a deceased relative which you wish to use on Wikipedia, how would you license them? Assuming that you have survivor rights or permission from other heirs of the photographer, would it be possible to release them under the GFDL or cc by sa? If they were taken by, say, your grandfather, and there is nothing in his will dealing with "other stuff", would you have to get permission from all of his surviving children, or their heirs (if the children are deceased)? I'm assuming here that the photographs are otherwise unpublished, and were taken recently enough/the person was alive recently enough that they would still be covered by copyright.
My understanding is that if you're the heir, you inherit all property, including intellectual property, and can do with it as you see fit.
Yes, this is a question about inheritance law, not copyright law. Whoever inherits the copyright owns that intellectual property. The time during which the property exists is (in most jurisdictions) affected by the date that the creator died, but the existence of the property is otherwise unaffected. So the question really is, who inherited the copyrights?
(IANAL, JALS)
-- Stephen Bain stephen.bain@gmail.com
Guettarda wrote:
If you have unpublished photographs taken by a deceased relative which you wish to use on Wikipedia, how would you license them? Assuming that you have survivor rights or permission from other heirs of the photographer, would it be possible to release them under the GFDL or cc by sa? If they were taken by, say, your grandfather, and there is nothing in his will dealing with "other stuff", would you have to get permission from all of his surviving children, or their heirs (if the children are deceased)? I'm assuming here that the photographs are otherwise unpublished, and were taken recently enough/the person was alive recently enough that they would still be covered by copyright.
I'm assuming that you are talking about US law. In some other places photographs have a shorter copyright life than texts. In the US now these photographs should follow the manuscript and fall into the public domain 70 years after the photographer's death unless they have previously been published. If you have the survivor rights you can license them in any way that you want. You can probably also do it alone if the rights are shared. Fortunately for me, my paternal grandfather (who died in 1948) left nothing copyrightable; he had 16 children (now all dead) and 48 grandchildren, many of whom are now dead; one of his daughters was a nun who would have taken a vow of poverty and made the church her heirs. To the best of my knowledge, he did not have a will. Many of his deceased offspring did not have wills, and lived in different jurisdictions. There are times when the decision that one makes must be guided by practicality rather than an overstrict adherence to the letter of the law.
It is rare for persons who are not published to think of copyrights. Most wills, however, do have a residual clause for anything that is not otherwise specified, and copyrights would be transferred along with other things. If the will is defective in that way the law of intestate succession where he lived would apply. More problematic would be a box of family snapshots where you cannot determine who took which picture.
Ec
On 5/6/06, Guettarda guettarda@gmail.com wrote:
If you have unpublished photographs taken by a deceased relative which you wish to use on Wikipedia, how would you license them?
I'd put them into the public domain.
The rest of this assumes US law and the law of most US states (you didn't specify).
Assuming that you have survivor rights or permission from other heirs of the photographer, would it be possible to release them under the GFDL or cc by sa?
If you own the copyright (alone or as a joint owner), you can grant these non-exclusive licenses. You need the permission of all owners to grant an exclusive license. If you profit off the use of the copyright and there are other owners, you have to split the profits with the other owners.
If they were taken by, say, your grandfather, and there is nothing in his will dealing with "other stuff", would you have to get permission from all of his surviving children, or their heirs (if the children are deceased)? I'm assuming here that the photographs are otherwise unpublished, and were taken recently enough/the person was alive recently enough that they would still be covered by copyright.
That's the interesting question. I agree with the others that the ownership would pass by will or by intestate succession. Since you're saying the will doesn't deal with this, it would pass by intestate succession.
This last part I have no idea about. Presumably during the probate process one or more people would be assigned the copyright on those photos (either directly or through some sort of order for "other stuff"). But I have no idea how that works.
Anthony