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Photographer photo rights after death.

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Victoria11422

Junior Member
What is the name of your state (only U.S. law)? NY

(Hopefully I put this in the right section)

Hello All,

My posting today is a confusing matter at hand. The rest of the people in this matter and myself have been told that nothing could be done about this issue but I would still like some advice.

In November of last year, an up and coming yet amazing photographer had died. He was single and left behind one young child. The mother of the child wasn't romantically involved with him when he past away. The photographer was published in a couple of magazines, created portfolio websites for models/make-up artists and was co-owner of a magazine that was in its third or fourth published issue when he pasted.

His mother and best friend went to the police for paperwork - ( I assumed for ownership of his property, but I'm not sure). At first, they were told that all of the photographer's property was now the child's property. When they explained that the child is very young, the police told the mother and best friend the property was now the mother of the child's property.

Like I stated before, the mother of his child and the photographer were not together. They were never married and broke up soon after the baby was born (which is around ten years ago). Before there was any confirmation of the ownership of the photographer's property, the mother of the child took all of his belongs including his computers and hard drives from his apartment. She didn't even get permission for the landlord to do so. All of his property was taken including his electronic equipment that photographer's photos on it. The woman is not replying back to calls and emails about the issue. The people who he worked with (e.g. models, makeup artists and wardrobe stylists) would like to have photos and access to their websites.

I know that photographers have full rights and ownership of there own photos unless written in the contract agreement. The photographer was a kind and nice man who didn't believe in contracts unless the photographic work was going to be published. I would like to know if there is any legal way of getting these photos or access to the websites? I have to be honest, some people who are asking for the photos like models want the photos because they are "pretty pictures to add to their portfolio." Other people like myself would like them to remember the wonderful man who left earth way too early.

Thank You for any advice.
 


quincy

Senior Member
The copyrights in the photos last the life of the photographer plus an additional 70 years after his death. The rights to his works will pass to his closest heirs, unless otherwise granted to someone else. The child would be the natural heir and, thus, inherit the copyrights to the photographer's photographic works and inherit the rights to his property.

The child's mother, if she has custody of the child, will probably be the one to manage the property inherited by her child and will hold in trust for the child the father's possessions.

What seems clear, though, is that the photographer's mother and best friend and the models with whom the photographer worked have no legal claim to the photographer's works or his belongings unless the photographer specifically transferred the rights in his works to them by way of a written agreement signed by the photographer prior to his death, and/or he specifically designated in his will that certain of his property would go to them.

I suggest to all of you who want some of the photographer's photographs or belongings for yourselves that you are awfully nice to the mom and the 10 year old child. ;)
 
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