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Who owns this photograph?

Thursday 14 August 2003

The Columbia Journalism Review carried an exchange of letters between freelance photographer George Zimbel and the New York Times. The paper paid the photographer for a single use of a picture of John and Jacqueline Kennedy. Forty years later the paper offered the print for sale to collectors for US $4,000. Give it back, it’s mine, said the photographer.

John and Jacqueline Kennedy in New York City, 1960 [George Zimbel photo from the cjr.org website]

In a letter to the paper Zimbel points out the important distinction between freelance photographers (who sold one-use rights but retained their intellectual property) and staff photographers (paid a salary by the paper which owned the rights to their work).

It’s clear from the correspondence that Zimbel was upset by this business — which is no surprise to me. He wrote to the newspaper’s lawyer:

You get paid when you write letters and I don’t, but sometimes I have to come out of the darkroom and tend to business and ethical issues.

Did the story have a happy ending? Well, the Times did send the print back to Zimbel.

filed under Photography
Tony commented on 14 June 2005

I have photos of family members that were made before 1945 at different carnivals they visited. I wanted to have a couple of copies made for the rest of my family. The store I took them too said that because they look like they may have been professionly done, that they will not make copies of them without permission. They do not have a date or any information as to who made the different photographs. What do I need to do in order to have copies made? Without a possible lawsuit that is.

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