Copyright legalities
Discussion
Did you take the photographs on the slides yourself? If so and assuming you weren’t taking them for another business then you can decide whether to transfer the copyright with them.
If you didn’t take the photos and copyright wasn’t transferred to you when you got the slides then itsprobably not yours to give away now.
If you didn’t take the photos and copyright wasn’t transferred to you when you got the slides then itsprobably not yours to give away now.
silverfoxcc said:
Just a couple of questions
If i sell a 35mm slide on ebay, does the copyright go iwth the slide?
Or do i have to add a rider that copyright still rests with the photographer?
or can i sell the copyright ,should the purchaser wish it?
It rests with the photographer, unless any agreement to transfer it was made. Just transfer of money, eg to take the photo in the first place, does not transfer copyright unless stated.If i sell a 35mm slide on ebay, does the copyright go iwth the slide?
Or do i have to add a rider that copyright still rests with the photographer?
or can i sell the copyright ,should the purchaser wish it?
If the photographer is deceased then copyright may pass to their Estate, I'm not sure.
Is it an important image or by a famous person?
Ah well no problem then.
So you need to decide how the buyer can use them. I don't know what official legal terms there are, but you could say 'for personal use only', 'for non-commercial purposes only', 'for commercial use where duplication or payment is made please seek the copyright holder's permission'. That kind of thing. What you're giving them is a licence, and you decide the terms of it. I would print them out and include it with the order.
In practice of course they could use them, make £1,000 and you'd never know... but you may as well set your stall out.
So you need to decide how the buyer can use them. I don't know what official legal terms there are, but you could say 'for personal use only', 'for non-commercial purposes only', 'for commercial use where duplication or payment is made please seek the copyright holder's permission'. That kind of thing. What you're giving them is a licence, and you decide the terms of it. I would print them out and include it with the order.
In practice of course they could use them, make £1,000 and you'd never know... but you may as well set your stall out.
The thing with copyright is that it's only as effective as your willingness and ability to enforce it.
To determine this, you need to determine the financial value of the photographs you intend to sell, not just the physical sale but the value of them to a publisher. So you may sell the slides at a fiver each, say. But how much would you receive if a Magazine Publisher used them? It's unlikely to be more than £50 so would you spend time and money with Solicitors chasing a few fifty quids here and there?
And don't forget that you're selling slides so would be difficult to prove that you originally took them or owned the copyright - although you can make contact sheets and get these date stamped.
If you want to sell with copyright, you need to determine how much that copyright is worth which may well render them unsellable.
If you want to sell but retain copyright, you need to apply measures that protect yourself and be willing to enforce if copyright is breached - which may prove difficult and costly.
Assuming the photographs were taken for your own pleasure, just seeing them in print can be rewarding enough regardless of any beer money you may or may not receive.
To determine this, you need to determine the financial value of the photographs you intend to sell, not just the physical sale but the value of them to a publisher. So you may sell the slides at a fiver each, say. But how much would you receive if a Magazine Publisher used them? It's unlikely to be more than £50 so would you spend time and money with Solicitors chasing a few fifty quids here and there?
And don't forget that you're selling slides so would be difficult to prove that you originally took them or owned the copyright - although you can make contact sheets and get these date stamped.
If you want to sell with copyright, you need to determine how much that copyright is worth which may well render them unsellable.
If you want to sell but retain copyright, you need to apply measures that protect yourself and be willing to enforce if copyright is breached - which may prove difficult and costly.
Assuming the photographs were taken for your own pleasure, just seeing them in print can be rewarding enough regardless of any beer money you may or may not receive.
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