NYT: Legal Battle Over Vivian Maier’s Work

[cyrus]

But as I understand it, Maloof did locate the heir and paid him -- the issue is that now someone else is also claiming to be an heir. And after he's paid off, someone else can always pop up. Considering how long copyright lasts in the US, that could mean a LOT of heirs who can come out of the woodworks.

Personally my sympathies lay with the Maloof guy who took the time and effort to locate these negatives and bring them to world attention, even if he got $ for it, rather than a distant relative who didn't even know about the negatives and only now sees a chance to make a buck. At least the first guy made an effort and the world is richer for knowing about the work -- the claimant however did nothing and benefited nobody.

[cyrus]

Since these relatives do not own the negatives, they can never make any prints.

It could be possible for them to claim the right to possess the negatives as well; the negs were part of the photographer's estate when she died and thus should have gone to her heirs too. It depends on the particular circumstances of how her property was dealt with after she passed. Was there a will? Did the executor of her estate legally sell them to creditors? etc.

[r_a_feldman]

It could be possible for them to claim the right to possess the negatives as well; the negs were part of the photographer's estate when she died and thus should have gone to her heirs too. It depends on the particular circumstances of how her property was dealt with after she passed. Was there a will? Did the executor of her estate legally sell them to creditors? etc.

Maloof bought the negatives and unexposed film before Vivian died, when the contents of her storage space were sold off.

[David Karp]

I am not familiar with the details of that part of the story. Did she fail to pay the rent and the contents were sold off by the storage company?

[cyrus]

Maloof bought the negatives and unexposed film before Vivian died, when the contents of her storage space were sold off.

That's...that's just sad.

[DrTang]

I'm not sure that some distant relative who had never even heard of the deceased should automatically get the estate.

Vivian died an old lady.. if she wanted the photos or anything else to go to someone - she would have had a will..or even a scrap of paper saying so

I think the original guy who bought them thereby saving them from the dumpster should get the copyright and maybe give the two distant relatives a tiny percent

[John Jarosz]

Maybe Brett Weston's burning ceremony is the correct thing to do after all.

[DrTang]

Maybe Brett Weston's burning ceremony is the correct thing to do after all.

I'm hoping for Vivian's scenerio for my crap

and if my kid takes all my negs to the thrift store after I croak - then she deserves nothing from the proceeds

my luck..someone will buy them all to try to scavage the silver off them

[jp]

Aside from sharing them on facebook or instagram, business makes this stuff happen. If it were a higher educational institution instead of Maloof, they've got people and costs as well involved in promoting / sharing / documenting Maier's work and they'd have big donors rather than little sales. But they might not be interested in a nobody artist.

There's not many ways Maloof could have shared Maier's work to the extent he has. I'm sure he's put a lot of work into it and shouldn't have to do it all on his own dime. Charging $30-something for a hardcover book of her photos isn't profiteering money grabbing, and is probably less than we could make a blurb book for. If he wants to hawk Vivian Maier stuff tastefully rather than punch a timeclock at an office or factory, he's free to do so and many of us would gladly do the same. If he starts cruising the world in a super-yacht named for her, then I'll call him a money grabber.

[Jac@stafford.net]

Aside from sharing them on facebook or instagram, business makes this stuff happen. If it were a higher educational institution instead of Maloof, they've got people and costs as well involved in promoting / sharing / documenting Maier's work and they'd have big donors rather than little sales. But they might not be interested in a nobody artist.

Person-time is expensive. University libraries do not normally welcome donations of books and other material of less than certain historical or scholarly significance because cataloging requires an expert who is usually over-committed to regular additions.

I thought I had something special - a collection of every regular and special edition of the Berkeley Barb, unread, sorted and boxed. I could not give it away. Thought it might be interesting to a specialist in contemporary radical journalism. Nope. "Cannot afford to catalog it."

For photographs a select number are accepted by a local museum, even from so-called unknowns.
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