ext_6318 ([identity profile] holyschist.livejournal.com) wrote in [personal profile] maradydd 2008-04-14 07:17 am (UTC)

Here's the relevant paragraph from the U.S. Copyright Office's FAQ on Fair Use (http://www.copyright.gov/help/faq/faq-fairuse.html):

Ownership of a “copy” of a photograph – the tangible embodiment of the “work” – is distinct from the “work” itself – the intangible intellectual property. The owner of the “work” is generally the photographer or, in certain situations, the employer of the photographer. Even if a person hires a photographer to take pictures of a wedding, for example, the photographer will own the copyright in the photographs unless the copyright in the photographs is transferred, in writing and signed by the copyright owner, to another person. The subject of the photograph generally has nothing to do with the ownership of the copyright in the photograph. If the photographer is no longer living, the rights in the photograph are determined by the photographer’s will or passed as personal property by the applicable laws of intestate succession.

Which is to say, you can donate or sell or burn the original photographs (that's why people can sell fine art without owning the copyright). Making reproductions, reprints, or copies, however = not so much.

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