Legal Question in Intellectual Property in Pennsylvania

Concert Photos

I recently bought some concert photos taken from 1972-1981. They were taken by the person I bought them from. They are very nice and I wish to sell prints of them. Can I legally do that? Could I use the images on t-shirts, website, etc.?


Asked on 12/21/06, 2:33 pm

2 Answers from Attorneys

David Anderson Anderson Business Law LLC

Re: Concert Photos

Did you buy all copyrights (c) to the photos as well? If not you run the risk of infringement litigation.

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Answered on 12/21/06, 3:24 pm
Gerry Elman Elman Technology Law, P.C.

Re: Concert Photos

In general, the photographer owns the copyright to his photos, and when he sells someone a print of the photo it doesn't necessarily mean he's selling the right to make copies of it.

If someone wishes to reproduce a copy of a copyrighted work, he would need permission from the owner of the copyright.

For works created since 1989, the copyright is automatic, and the work needn't even include a copyright notice. For works created in the time period you mention, then if they were published without a copyright notice, it's possible that maybe there is no copyright. It would depend on a variety of factors, and this would be ripe for you to discuss with an attorney who is knowledgable about copyright, especially as the law existed at that time.

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Answered on 12/21/06, 5:14 pm


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