Photographer's Negatives Sold at Auction

[auctiongoer]

This question is based in New Jersey.

Occasionally I attend estate auctions where a photographer's negatives are sold along with their camera equipment and other personal effects. The negatives are almost always from estates that have become property of the Office of the Public Guardian (http://www.state.nj.us/health/senior/sa_opg.shtml), meaning the photographer has no family (or no willing family) to handle their estate manners upon their passing or incapacitation.

How does copyright work in this situation? I understand the photographer maintains copyright up to 70 years after their death. Does this mean the negatives cannot be reproduced to be sold, shown in galleries, or published regardless of whether or not the photographer has specified in their will what will happen their photographs, or the legal guardian willingly sells the negatives? Can the negatives be reproduced and sold only if the photographer specifies in a will who does have the rights to reproduce and distribute the photographs? Can the copyright be transferred given the state has assumed ownership of the negatives before sold at auction?

Thank you for your help and any advice you can offer.

 

[FlyingRon]

Without permission of the copyright holder (the photographer or the heirs), mere physical possession of the negatives does not authorize you to make copies. I have a lot of original art and you can be darned well certain the professional artists involved are quite clear as to whether I was getting reproduction rights (and in the absence of an agreement, you do not have them).

The fact that the state is acting as guardian makes no difference, you'd need to have permission from the owner or those authorized to act for the owner.

 

[auctiongoer]

The photographer has no heirs, that is why the State has assumed ownership of the estate contents. Does this mean I need permission from the state?

 

[auctiongoer]

It should also be noted that these negatives date back to 1965 through 1983 and do not have copyright notices. Is it true anything created before 1989 that does not have a copyright notice falls into public domain?

 

[divgradcurl]

This is an interesting question. When an estate escheats, the state is not a mere gaurdian, the state actually becomes the de facto heir. In this case, it would appear that the state would become the owner of the copyrights. You might want to check with the Office of the Public Gaurdian, and see what they say about ownership of the intellectual property rights.

If the state is merely acting as a gaurdian, then there may be an actual heir that owns the IP rights to the negatives. Again, the office may be able to help you.

It should also be noted that these negatives date back to 1965 through 1983 and do not have copyright notices. Is it true anything created before 1989 that does not have a copyright notice falls into public domain?

No. Any published work published without notice prior to 1989 would be public domain. If the work is unpublished, then it is not public domain. Whether or not publication occured would take some research to figure out if the work was ever distributed or sold to the public in a manner to constitute publication under the law.