Opyrighted photo of Dr. ****** Luther King Jr

[schwartz]

What is the name of your state? Wisconsin My business partner died. He was a well known newspaper photographer. I inhereted this copyrighted photograph of MLK. Can I make copies of it and sell it on Ebay, or any place I like, or do I owe the King estate a licensing fee.

Tthanks Schwartz

 

[The Occultist]

Whoever took the photograph owns the copyright and may do whatever he wishes with it. If the copyright did indeed get passed on to you, then you now have all the rights any other copyright owners have over their works.

 

[schwartz]

Mlk

I have two more question I called the US copy right office and they said I do not have to reregister it as long as I have proof of ownership are they correct

The last qiestion is about Dr. Kings words. As long as I do not use any of his words, I can sell the photograph. Am I correct

Thanks Schwartz

 

[The Occultist]

That is correct, you do not have to register your copyright as long as you can prove your ownership. However, can you prove your ownership over it? I doubt you can easily do so, at least not in a way that wouldn't cost you a lot of money if you were taken to court. Registering that copyright might be worth looking in to.
Yes, as long as you own the copyright to the photo, you can copy, distribute, sell, whatever you want to do with it as long as you make sure you do not infringe on anybody else's copyrights, including any whole or part of any of his speeches, which the King estate protects vigorously from what I hear.

 

[schwartz]

Mlk

Thanks O, you guys are the best
I have decided to register it in my name,, better safe than sorry.

Can you tell me what need to get from Copyright office Can I go on line to get this form
Thanks


Schwartz

 

[The Occultist]

I personally do not know. Somebody might be along shortly that can provide that info, but you're better off just googling it. Good luck!

 

[spmlawyer]

Forms

You can go to www.copyright.gov for the form. This is the applicable form:

http://www.copyright.gov/register/visual.html

Just follow the instructions.

Just an additional note to Occultist's excellent responses: do not use the photo separate and apart from sale of the original or copies. For example, don't have it as an iron on patch to apparel. The King Foundation is very aggressive in asserting its rights to Dr. King's "right of publicity."

 

[schwartz]

Mlk

I do not understand. I thought I could make multiple copies of the same picture. I invented a 35 mm natural light slide viewer,in which this slide of Dr. King would fit. Can I sell it , or does that mean it infringes on their rights

 

[spmlawyer]

Sell away

You can make copies of the photo and sell it.

 

[spmlawyer]

More

You own the photo's copyright. You can sell it along with the viewer. What you can't do is make it appear that MLK is the source of your viewer.

 

[schwartz]

Mlk

Thanks for your advice I guess what you are saying is that as long as I have two sales going on one for slide viewer, and one for the slide of MLK , and as long as I have no slide of MLK in the slide viewer, is that correct????



Thanks Schwartz

 

[spmlawyer]

Just don't slap the picture of MLK on the viewer or box to make it appear as if MLK is somehow the sponsor/originator/endorser of the viewer. When I was a kid there ware these little tourist things. You looked in the eyepiece and saw a transparency of the State of Liberty or the Empire State Building. If you held it up to a light the picture would be clearer. If your slide were in something like this and you advertised the photo in the viewer you would be okay. If you advertised it as the MLK Viewer you wouldn't. I know this all may seem confusing but without seeing exactly what you're describing, at least for me, a more concrete answer is not possible.

 

[schwartz]

Mlk

I actually invented it
and have a patent on my slide viewer I got it because it is the first time any natural light or a lamp could be used. No batterie of plugs needed either. It is 3 inches square, made of clear Lucite, has a white plastic back that drops down, to reflect any lightsource, like on a window sill or under a lamp. It is designed so any vertical 35mm slide can be placed in the viewer, held in place, by two small pieces of white plastic

It looks like a miniature photograph frame

 

[schwartz]

Mlk

I know that viewer also. I actually have a patent on my slide viewer. It is 3 inches square made of clear Lucite and has a white plastic back that drops down to reflect any light source, like on a windowsill or under a lamp No batterie, No plugs. It is designed so that a 35 mm vertcal slide can be placed in it

I

It is the fiist time a slide can be used in this manner, so I know it is hard to describe

It looks like a miniature photograph frame

Schwartz

 

[The Occultist]

Whatever it is, the warning you're being given is to make sure it doesn't look like the King estate is endorsing your product.