[BCMA] an archives question - Copyright on photos where sitter paid for photos

[Moderated BCMA subscriber listserv.]

Responding to Ron Denman's question:

 

In response to your question: In the copyright training sessions that I
have attended (and each session seemed to be about a different World I
must admit) it was pointed out that in Canada the law was written so
that rich people who PAID to have their portraits painted/photographed,
would own copyright to the images, not the artist/photographer - and
that this extends to ANYONE (rich or poor) who pays a photographer to
take pictures e.g. graduation, wedding or studio portrait. 

 

The good news is that you the subject, own copyright to your graduation,
wedding and portrait photos because you paid for them, in spite of what
the photographers usually say. You may scan them and share them with
family, friends etc. 

 

Casual photos (i.e. those not paid for by the sitter) are not included
in this. They would be copyrighted by the creator. 

 

If the images & portraits are pre-1948 then I believe that copyright
does not apply. 

 

The above are the words of the student, not the master. I welcome
someone more knowledgeable on the subject to provide quotes and
references. 

:-)

 

COLIN

 

Colin MacGregor Stevens,

Manager,

New Westminster Museum and Archives,

302 Royal Avenue,

New Westminster, BC, 

V3L 1H7

 

Phone Office:    604-527-4639

Work Cellular : 604-830-6965

Fax:                  604-527-4641

E-mail: cstevens at newwestcity.ca 

Web Site: www.newwestminster.ca 

-----Original Message-----
From: Moderated BCMA subscriber listserv. [mailto:bcma at lists.vvv.com] 
Sent: Tuesday, February 09, 2010 1:35 PM
To: bcma at lists.vvv.com
Subject: [BCMA] an archives question

 

Hello all:

A local town photographer donated over 50 years of photographs and
negatives to our archives. Copyright of the collection was assigned to
the archives at the time of donation. But a question has arisen. Some of
the photographs are portraits of local residents. These are people who
paid to have their photographs taken. In these cases who owns the rights
to the photographs? Is it the archives, photographer or purchaser? 

 

Thanks for your thoughts in advance.

 

Ron Denman

Director

Chilliwack Museum and Archives

45820 Spadina Avenue

Chilliwack, BC V2P 1T3

Phone: 604-795-5210; Fax: 604-795-5291

www.chilliwack.museum.bc.ca <http://www.chilliwack.museum.bc.ca/> 

 

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