I know this is a grim topic that nobody likes to think about but we must at some point. After reading about those supposed Ansel Adams negatives I got to thinking. Because I do that every now & then.
Most, if not all, art has something that is tangible. A painter has his paintings. A sculptor has his sculpture. A poet has his poems on paper. A song writer has his songs on paper or a recording on a disc. I think you get my point. We, on the other hand, as photographers have an electronic file. Whether it be in jpg or RAW format it's still a file that is on your computer. Sure, you may have printed it out but the "Negative" is still an electronic file. Now, if your like me, you have a copyright written into the file so that nobody else can claim it as theirs. I know that you can eliminate that copyright with software, but for the sake of argument, let's say you want to do everything by the book & legal. There are a few scenarios I see as problematic.
Scenario 1:
I'm a world famous photographer. I make millions a year selling my prints( just dreaming). If I have a wife & family I assume that they would retain the rights to my photo files by default but can they legally be making prints with my copyrighted files? Do I need to make a will that turns over the rights-of-usage to my wife? What if I don't have any family? Who has the right to reproduce my prints now?
Scenario 2:
It's just little 'ol me. I'm the family photographer. I take snapshots of all the family events. I give everyone a copy but sadly my brother has a devastating house fire. Now, before he has a chance to get new copies from me, I pass away. They come over & take possession of my computer which has all my photo files on it(with three backups of course). Remember, I have the copyrights imbedded in the files. Will Wal-Mart be able to make new prints for him? Can anyone in my family use these files to make prints for personal use? Can they then start selling prints of my photos? I'm talking legally now.
Scenario 3:
I'm a professional photographer. I have no family of any sort. I just completed a wedding assignment & on my way home I have a fatal car accident. Seeing as how I own a Nikon camera, it makes it through the accident without a scratch. The bride & groom have already paid for the photos & are expecting something in return. Can they legally take possession of the files & have someone else do the post work on them? Are they out of luck?
These may not be the best examples but do you see what I'm getting at here? We have all these electronic files. What happens to them when we die? Can anybody that runs across them just start printing them & making money from my work? How do we assure that rights-of -usage is handed over to the appropriate people. How do we assure that all our past clients have access to the photos that we took for them in case they need more prints for any reason?
What do you all think? Am I thinking to hard about this? Do you think I've gone completely over the edge? Do I need a vacation?
