Need some advice - anyone else dealt with this before?

[Tonichelle]

My parents have never had their wedding pictures printed. They have the proofs and the negatives but that's it. They couldn't afford anything more 25 years ago.

The problem is the photographer is out of business and we don't have the info to get ahold of her (she apparently has moved). But we also can't seem to find a place that will print them because of copyright issues.

What do we do? How can we get the photos printed? Or are my parents basically screwed?

 

[Piel]

Can you not make copies of the proofs? I have a cousin who did a lot of wedding photography and any time we needed pictures he would make copies for us in his darkroom. Someone who has a darkroom can do the same for you.

 

[Ptichka]

Someone who has a darkroom can do the same for you.

Just to add - try talking to someone in the photography department of your college. They could have access to a darkroom, and do the pictures needed.

 

[Tonichelle]

Since i'm not in the photo dept. at all in college these days i wouldn't know where to look...

save for the fact that here at UAA the color photos are now done exclusively with digital it's a moot point...

as for scanning the proofs - no can do as my mom gave the good ones to her parents and inlaws we don't even have all of those anymore!!! UGH!

 

[heyang]

Toni, what size are the negatives? Are they the standard 35mm? If yes, my scanner can scan from negatives. Well, actually, I haven't tried it yet, but the directions and parts are all there - I'm about to try it for some stuff from my cousin's wedding.

If they are not 35mm, I can ask my friend Tony what can be done. He was a photography major at RIT and now works at Kodak.

 

[SeaniBu]

First, the original photographer is OOB over 6 years? What is the problem?

Most Copyright laws pertain to the use of not necessary the ownership. It sounds like the photography studio does not know what the laws really are. They should note that being as you are said owner of the negatives (unless stolen these were given to you because you are the owner) and have absolutely no issues whatsoever in re producing them for you. Again the word here is reproducing, coming from the negatives that are yours by possession. To designate anybody other then the actual photographer as the "artist" and publicize or use for your own profit, there is absolutely nothing indicating you do not have the right to reproduce them for the original intent - which was what the photographer was hired for in the first place. Now that they are OOB, you have no other choice then to look elsewhere. A $50 retainer and phone call from an Attorney would clear this right up, but shouldn't be necessary.

The fact they are no longer in business would vindicate any course of action from the original studio, for their services are no longer able to provide you with any dups themselves.

Now I am no longer married to an Attorney, yet I am fairly certain this falls under possession, and you posses the originals. My family owns pictures of my grandfather hanging off Mt. Rushmore, we OWN them because the Negatives were given to us and we can make copies as much as we like as long as there is no sale of the reproductions, use for our financial profit or we falsely identify ourselves as the photographer.

Lastly, if this is the "only game in town" ...If it is not, go somewhere that the studio knows what to do. The reproducer would not be held responsible if you have identified yourself as the owner - someone in you family payed for these correct? With a contract / bill of sale? And particularly due to the fact they are no longer in business... I mean they are wedding pictures for goodness sake, and not of JFK...so I don't get it. From experience with reproducing photography in brochures to the ones of Mt. Rushmore....I don't see how that is an issue. Maybe they had one weird experience, they should - even though it is a given and no necessary - accept the fact you have the negatives and a signed statement saying you are the owners of said property not violating any potion of the original contract made with the studio you hired.

Look at http://www.copyright.gov/help/faq/faq-definitions.html for further clarification. My brain hasn't been working to fantastically lately and I may not be that clear. But I am fairly sure based on what you have told me, there should not be an issue at all.

 

[milanessa]

It's possible I'm misunderstanding the situation but I think Toni is saying they didn't buy anything. Her parents were given the proofs and negatives to choose what they wanted printed and, at that time, they couldn't afford to have it done.

 

[Tonichelle]

they paid for the proofs and the negatives, which they have... but that's it...

and no they're not 35mm... otherwise I could do the printing on my own lol

 

[SeaniBu]

Was there something one the negs that had a copyright one them?

 

[antmanb]

In addition to Seanibu's post which all sounds about right (i'm a UK IP lawyer and don't know that much about the copyright law in the US) but i think the main reasona studio would be concerned about doing the prints is that by charging you to do the prints they are making money from potentially someone's else's copyright material. That's how wedding photographers make their money - they are the only ones who go on printing them for you.

Don't know about the US but in the UK there's a 20 year rule on commercial copyright though, so given the pictures are older than 20 years i don't think you'd have too many problems getting them printed in the UK...you planning a holiday any time soon?!

Serisously, though, if you are ever taking a holiday outside the US then it might be worth taking the negatives with you and getting them printed in a foreign country where they might not care as much about copyright issues.

Ant

 

[Tonichelle]

Ant - nope... not in this decade... the more foriegn I can get is Epcot @ DisneyWorld (next June! EEEEE!!!! lol sorry had to get that out lol)

I can't even tell if there's a copyright somewhere on the negatives, I've looked and haven't seen anything...

they're not all that professional looking anyway (the photog was just starting out according to mom) but then again my parent's wedding wasn't an overly glam one either so that might be why I don't like the photos much lol

My aunt is going to try and get them printed in the next couple of weeks... if that doesn't work I dunno what we'll do

 

[Piel]

Toni go the UK, get your pics and if you don't mind please tell Sir Paul that your old friend Piel is waiting impatiently.

 

[Dee4707]

Toni go the UK, get your pics and if you don't mind please tell Sir Paul that your old friend Piel is waiting impatiently.

Piel, you're on a roll today.

Dee

 

[heyang]

Toni,

I left a message for my Kodak friend. He also used to work in a professional photo lab and he still lives near campus. RIT has a great photography department and he might have alumni privledges. Then again, everythings digital these days; so, campus might not work out.

He'll probably get back to me later tonight or tommorrow. Will let you know what he says.

 

[kyla2]

Tonichelle

Do you have a Wolfe Camera near you?? I have had a ton of pictures done there from film shot by professionals (I am writing a book and need slide shots for the publisher) no questions asked. I paid for the work and your parents paid for the proofs-same difference. They can copy from the proofs but it may cost a little more money. After 25 years you should be able to get them done anywhere.

 

[Tonichelle]

kyla2 -nope

I've gotten help from several people and I really appreciate it!!!! I will keep everyone "updated" on the progress... lol

as for YOU Piel... you are too naughty in the off season lol

 

[heyang]

My friend needs to know what size negatives. Based upon the message i received, it seems as though he's suggesting having the negatives scanned. However, he needs to know what size to determine if the equipment supports the size.

I'd also suggest trying a professional photo lab, as opposed to a photo studio.

 

[Tonichelle]

heyang - 120mm

 

[heyang]

Hi, Toni.

I spoke with my friend Tony. He said he will send some names of some trustworthy labs where you can have the negatives printed and perhaps transferred to CD.

His friend could do it, too, but it might take him a while to get to it.

I'll forward the addresses when I get them.

 

[Tonichelle]

thanks Heyang!