Vivian Maier was a clandestine photographer, residing and laboring in Chicago during the 1950s, 60s, and 70s primarily as a nanny in affluent suburbs. With no immediate family and a quiet passing in 2009, her departure garnered little attention.
Yet, throughout her adult life, she devoted herself to capturing over 150,000 photographs of her city’s streets and inhabitants.
In the twilight of her life, a twist of fate led to the auctioning of some of her belongings, including a trove of negatives. These negatives found their way into the hands of several local photography enthusiasts, notably John Maloof. Shortly after Maier’s passing, Maloof shared some of her images on Flickr, sparking a sensation.
Since then, her work has been featured in catalogs, exhibitions, and even an Oscar-nominated film, all centering on the oeuvre of this enigmatic artist.
However, in the decade following her demise, a shadow loomed over her collection concerning copyright.
While Maloof and other collectors legally obtained ownership of the negatives through auction, the intellectual property inherent in the artistic creations presents a different matter. Copyright typically vests in artistic works like photographs, with the photographer usually being the initial copyright holder.
Exceptions exist, such as when a photograph is taken as part of employment or classified as a ‘work for hire,’ particularly in the US. Historically, in some countries like the UK, the owner of the physical material (e.g., negatives) held the copyright, but legislative changes have largely nullified this anomaly. Presently, barring contractual agreements, the photographer remains the primary copyright holder.
What follows is a complex legal landscape. Copyright endures beyond the author’s demise, lasting considerably longer than other intellectual property rights like patents.
Throughout the EU, copyright typically extends 70 years beyond the author’s lifespan, a principle mirrored in the US for works created after 1977. In the absence of a will, copyright passes to the author’s heirs, either through specific bequests or intestate succession.
In Maier’s case, she left no will, and her next of kin was unclear. Despite Maloof’s efforts to track down a distant cousin, Sylvain Jaussaud, for permission to reproduce and commercialize the negatives, another purported heir, Francis Baille, emerged later. The ensuing dispute necessitated legal intervention to determine the estate’s copyright ownership.
Fortunately, resolution emerged. According to reports, a settlement was reached between the collectors and heirs, often involving royalty agreements. Copyright disputes commonly find resolution through mediation, particularly concerning royalty splits, facilitating commercialization without impediment.
With the copyright issues seemingly settled, Maier’s prints recently graced Somerset House during Photo London, with 125 images already sold out. The captivating narrative of the artist’s life, coupled with the evocative nature of her work, ensures continued interest from collectors. Each limited edition print embodies a piece of Maier’s remarkable story, a testament to the enduring power of copyright.
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