Copyright Law

Copyright settlement could be reached over nanny's photographs purchased in storage unit auction

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A settlement regarding who has rights to the work of the late street photographer Vivian Maier is near, the Chicago Tribune reports.

A former Chicago nanny who died at a nursing home in 2009, Maier’s photography was purchased at a storage-locker auction in 2008, the New York Times reported. The buyer, John Maloof, posted the photos online, which lead to her photographs, now reportedly worth millions, being shown in art exhibits around the world. He also co produced Finding Vivian Maier, an Oscar-nominated documentary film.

Maier, who essentially had no money when she died at the age of 83, left no will. She never married, had no children, and her only sibling, a brother, died before her. She was also a very private person.

A copyright attorney for a first cousin once removed, who lives in France, in 2014 asked the Circuit Court of Cook County to name his client as an heir to Maier’s estate. Another first cousin, also in France, was paid $5,000 by Maloof to give up his rights to market Maier’s work, the article states. Since the claim was filed, the Cook County Public Administrator has had control of the photographs.

Maloof owns 90 percent of Maier’s negatives, and the collection reportedly includes 100s of undeveloped rolls of film. If the agreement is finalized, he told the Tribune, he will develop the remaining negatives.

“Who knows what’s on them,” he said. “My hope is we won’t have to be afraid of the unknown anymore.”

Leah Jakubowski, the office’s general counsel, told the Tribune that the settlement proposal, which was filed in motion sealed by the court, would allow Maloof to continue printing and exhibiting Maier’s work. She also said that the potential agreement would be good for him and the estate. The settlement motion’s hearing is scheduled for May 10.

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