Inquiring minds want to know.
That is the question for sure.
The photographer, the late John Long, was the Erie Magazine’s photographer. Does that make it a photo owned by the now-defunct Erie Lackawanna? Or him, since he made it? (see patent law)
Next, the photo’s negative is sold by someone to someone. Who owns the rights now? Then the photo appears in a book or three. Then it appears on the Internet. Who owns the rights now? If it’s copied from the Internet, can it be passed off as “belonging” to the person who copied it?
The copy that’s now on Ebay: how was it made? I doubt it’s the original. If I were to buy it, could I claim it as mine? All debatable. Apparently a valid copy from the original negative went to a historical society; efforts are being made to gain their permission to use it.
My chief concern is to not be sued for using it. Also, I’d like a good copy, not something made from a screen shot. Here is the photo in Roger Grant’s book on the EL:
I wouldn’t be surprised to see it somewhere else.
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It shouldn’t be that difficult to determine ownership. I will do a little research tomorrow on the legal issues.
Rich
Looks like it is from the Erie Magazine
I’m guessing it all depends on what you want to use the picture for, if it’s for profit I see a problem, if it’s for personal use, like decorating your train room, I don’t see a problem with using it or reproducing it.
Under U.S. copyright law, when the photographer is an employee of the publication for whom he is taking photos, and the photos are taken “during the course of employment”, the photos and the negatives belong to the employer. So, to trace ownership and copyright protection, inquiries begin with the employer and its successors.
Rich
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I’m glad to say that the Erie Lackawanna Historical Society has given me permission to use it and several other of Long’s photos. The NKPHTS has done the same for several photos they own. That’s good enough for me.
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That’s excellent news. Good work on your part.
Rich
good to hear