*Freud* Prints!!

brathke at juno.com brathke at juno.com
Wed Jun 28 22:08:39 EDT 2000


George Elwood's photo ownership policy is presented up front on his
Fallen Flags website.  Also,he removes photos of questionable ownership,
and he won't touch any photos or printed pieces that bear a copyright
symbol...unless he has written approval from the copyright owner.  The
"Collection of" photos do present some problems, though. 

I'll forward my attorney friend's comments to the list.

Bob 6/28

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On Wed, 28 Jun 2000 18:57:36 -0700 Jim Holland <pghpcc at pacbell.net>
writes:
> Greetings!
> 
> 	Very nice response, Fred.
> 	Also, very nice responses from both Derrick and Herb Brannon 
> concerning
> copying old documents.  And maybe Bob's friend will be able to shed 
> some
> legal light.
> 
> 	I viewed the particular photo in question before any mention 
> was made
> here and immediately noticed the similarity to the one in *PCC From
> Coast to Coast* page 167  --  but that was car 1296 in the book,
> different from the one on the website (I have most PRCo photos in 
> all
> books memorized!)
> 	Because I recognized some interurban photos I had seen 
> before - the one
> of 1701 beside the barn, and 1709 on the Drake *wye,* I was 
> particularly
> concerned about copying when I saw the night shot in question.  But 
> the
> latter is different - website and book - and I think that the others
> might be different, too; will have to hunt up my copies (as 
> purchased
> slides.)
> 	Ken Josephson and I were apparently standing side by side at 
> Clearview
> Loop near Christmas of 1976 and took some photos of 1730 and a few 
> other
> cars.  To most on the list you would think that our photos came from 
> the
> same source.  But I honestly have absolutely no recollection of 
> meeting
> and talking to Ken - he said he even gave me a ride back to South 
> Hills
> Jct  --  honestly, I absolutely do not remember this and I have 
> vivid
> memories of railfanning in that era!
> 	So  m-a-y-b-e  Froyd was there at the same time or took a 
> photo near
> the very same spot.
> 	WAIT  a minute  --  in looking closer at the photo on page 
> 167, there
> is another PCC behind 1296 which looks as though it bears a
> 22--Crosstown destination  --  the same as the car on the website.  
> It
> would stand to reason that you would photograph another car at the 
> same
> time after taking the trouble to set up for such a night shot.  But
> would you have time to compose and meter for another car so quickly 
> -
> time exposure?
> 
> 	Your idea about Dave having people sign a document of 
> ownership is a
> good idea.  Dave is not a victim - he is soliciting photos for the
> website and as such has responsibilities.
> 
> Fred W. Schneider III wrote:
> 
> > I do not know the man.  He might have gotten it from a secondary 
> source.  It
> > was, to the best of my memory, never published.  Or he may have 
> bought the
> > print at a sale ... I did unload some extra material at some 
> railfan shows a
> > few years ago, and I think there might have been a 5x7 print in 
> the box of
> > extras on the table.  Of course, everything was credited that was 
> sold.
> > There is one other possibility ... I load a group of negatives to 
> Bob Brown
> > a number of years ago; he printed and returned them.  After his 
> death, his
> > widow sold off a lot of material.  She even sold some PTM property 
> not
> > knowing any better.
> 
> > Dave was very nice about it.  My complaint isn't with him.  I 
> really think
> > he is the victim.  I suggested he draft a contract that his 
> exhibitors
> > should sign, in which they testify that they either took the 
> picture, or
> > have purchased legal rights to its use, and that they will stand 
> the expense
> > of any litigation that results from the use of a picture for which 
> they have
> > no rights.  I suspect that would stop the problem rapidly, except 
> for a few
> > very few individuals who admit they have a belief that the law is 
> bad.
> 
> > Great day here.  Little cooler than it was.  (Eighty, though, is 
> still
> > horrible compared to the breeze off the Pacific in the Western 
> Addition.) It
> > has been in the high 80s with humidity almost off the chart.  Had 
> five
> > inches of rain in two four hours Sunday night ... two pumps in the 
> basement
> > were just keeping up ... it rose 2 inches over the floor when the 
> power went
> > off and didn't get back down until 2 AM.
> 
> > > Jim Holland wrote:
>  
> > > Greetings!
> 
> > >         How did Freud get a copy of your print?
> 
> > > Fred W. Schneider III wrote:
> 
> > > >  Photo #86 was taken on 6th St and Penn in June 1959 by Fred 
> W.
> > > > Schneider, III and is used without permission.
> 
> > > > I would like your assurance that photo #86 will be deleted 
> immediately
> > > > because, again, you have taken the liberty to publish my work 
> without
> > > > first obtaining permission.
> 
> James B. Holland
> 
>         Pittsburgh  Railways  Company  (PRCo),   1930  --  1950
>     To e-mail privately, please click here: 
> mailto:pghpcc at pacbell.net
> N.M.R.A.  Life member #2190; http://www.mcs.net:80/~weyand/nmra/

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On the other hand, you have different fingers.
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