on 2013-05-04 18:18 Mark Roberts wrote
Selling of a print is not "publication". Neither is showing in a
commercial gallery. From the U.S. Copyright office: "A public
performance or display of a work does not of itself constitute
publication."
that's hopeful, but falls on the wrong side for my dad's case given:
"Exhibiting prints of your photographs in public does not constitute
publication, unless you exhibit them through another party, such as a gallery,
which offers them for sale (for further distribution)."
<http://asmp.org/tutorials/published-or-unpublished.html#.UY2YupUbCRd>
we don't have a list of all the gallery shows, but we know there were many and
the prints were for sale
but that doesn't matter so much as the fact that if i copyright image X of my
dad's as unpublished, and someone who owns a print of that image makes a
postcard of it, it will be impossible to rule out that the print was sold from
a gallery show on a date that would imply the copyright has expired
we also don't know all images are in public collections; we are working on
that, but we probably can't be exhaustive
There is even some question of whether showing an image on your own
web site constitutes publication, though I don't think it's been
tested in court yet.
most of my dad's work that has appeared on the web is on the sites of the
galleries that represent him (and subsequently a fair amount has turned up on
Tumblr); the six images on his own website are 500 pixels max dimension
I just register my images before "publishing" them, even on the web.
wish i had the option
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