• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

ownership without proof of provenance?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

TVProps

Junior Member
What is the name of your state?CA.

O.k. bare with me here...I came into possession of some very well known TV props close to ten years ago. they were in the 'throw-away piles' on a complete remodel job for some well to do clients. One of the clients was once the Deputy District Attorney of LA County in Calif., at the same time as the Tv show's airing. Which by 'most' accounts, lead me to believe these props were obtained as a gift and not stolen. The wife of the Client, said, " they use to belong to my son", which I had never seen nor met.
I did a little research and found the props to be worth a pretty penny if placed on the auction circuit. I was also informed I would need to know the provenance of the pieces, in order to prove they were not stolen off a set. On contacting the past clients I received them from, I was told just to 'enjoy them' and they ended our phone dialog. I asked my employer at the time if he would contact them and ask where they had obtained them or if he could speak to their son on the matter, but got no response. My past employer also told me that the client in question had been diagnosed with Alzheimer’s disease, and most probably did not remember such a small detail from the past.. ( I have speculated that maybe their on had died,,hence then discarding all of his belongings)
I thought it over and wrote them a very polite letter, stateing my interest in the history of the props and asked to speak to their son, and even offered my profession services as trade for information or a connection with the son, but received not response. I considered the door closed to further dialog.
Now, here are my questions;

1. if I can not prove the complete provenance of these items.
to what degree to I legally own them?

2. If they were in fact given to the client, or purchased by the son, and the history is gone, does the original Hollywood creator of the items, 'Paramount' have the legal right to take them from me if I attempt to sell them?

4. could they legally pose as a collector and take the props at the time of the sales exchange?

4.5. Sight unseen, how could they prove they were 'ones' that were stolen of a set?

5. am I in the correct posting section at all? ha ha

Any sound legal advice or useful comments would be appreciated.

With the prices for TV memorabilia soaring, it is in my best interests to pursue this as far as I can...without loosing the props!!!!!!

Thanks much!
 


teflon_jones

Senior Member
TVProps said:
1. if I can not prove the complete provenance of these items. to what degree to I legally own them?
You may have heard this expression before:
"Possession is 9/10 of the law."
You have them in your possession by what appears to be legal means. It would be up to someone else to prove that you illegally obtained them.

TVProps said:
2. If they were in fact given to the client, or purchased by the son, and the history is gone, does the original Hollywood creator of the items, 'Paramount' have the legal right to take them from me if I attempt to sell them?
If they were given away by Paramount, or purchased from Paramount, then Paramount gave up their rights to the items by doing so.

TVProps said:
4. could they legally pose as a collector and take the props at the time of the sales exchange?
See above.

TVProps said:
4.5. Sight unseen, how could they prove they were 'ones' that were stolen of a set?
There may be distinguising characteristics.

TVProps said:
5. am I in the correct posting section at all? ha ha
If you're planning on selling them online, then yes.
 

TVProps

Junior Member
CA.
Thanks you for your response Teflon_Jones!
Is the '9/10' a real law pertaining to ownership? (state/federal?)
I just want ALL my bases covered before entering into a sales environment.
seems like...(nervous Nelly syndrome)HA!.. that Paramount is a HUGE and powerful company with many lawyers well versed in such matters. It seem plausible they would ,(without a full history)..try to re-acquire. I can imagine sure they could conjure up documents stating "they just disappeared of a set one day..)
i just could be ultra cautious as well...

~Loose the props to powerful Movie Studio lawyers,..or buy a Villa w/pool in Bali..
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top