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Old 14th August 2011, 22:20
DB601E DB601E is offline
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Re: Digital photo collections

Hi Jerry,

as far as i know, at least according to german law, the possesion of negatives or originals has nothing to do with copyright. It may concern however the "right to use".

The author, in this case photographer can give (or sell) an exclusive or non exclusive right for publication of his work to others. But finally he will be always the copyright owner.

Or, what i assume in case of archives, the price is less a fee for copyright than a fee for the propagation of the "rights of use" (You normally do not need, if there is no copyright anymore) and for having access to the archived documents (as maintaining and creating archives is also expensive).

There is also the discussion, if somebody get's already some kind of new copyright by scanning and printing the pictures of others, as the editor has some effort and work to do, to get a picture ready for publishing.

As result, it is also question, if you are allowed to use pictures, you have scanned from an existing publication. (even if there is no copyright anymore for this picture.)

Awfull jungle.

Regards

Lino
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