rights to use of vintage photographs?

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Posted By: Max Weder

CMG worldwide states it acts for the following players or their estates, zealously protecting their rights to publicity. It is not copyright, as David suggests, as copyright lies with the person who took the photo. The right to publicity arises typically out of state law (17 states in 2002 had such legislation), and CMG alleges rights ending 75 years after the person' death (which is I believe the longest period among the states).

There are numerous arguments about when such rights exist and when they have to be licensed. The California Supreme Court decided the famous Three Stooges case in 2001 and the US Supreme Court refused a review. T-shirts were sold with Larry, Curly and Moe, and the artist couldn't argue freedom of expression to avoid the statutory right the estates of the Stooges.

http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/01/08/MN111182.DTL

And I wouldn't be too sure about long ago players like King Kelly, as CMG suggests it has the right to act for Alexander Cartwright's estate in this area, so some other firm might be looking out for King, whereever he is now.



Max

http://www.cmgworldwide.com/clients.html

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