I think it's okay to write this story. Sounds like you've done more than most people might've to connect with her family (many of whom have already passed away). If writing this winds up facilitating a connection with the rest of her family, then it would be all the better!
Well, friends, while I was waiting to hear from you (after I messed up and turned off the comments), I took my question to Twitter, where someone flagged Connie Schultz (who knows EVERYTHING, I'm sure of it) and Connie, in just a few words, set me straight.
She convinced me I have every right to tell this story in any way I choose, as any biographer would. Here is the link to my thread, with comments afterward.
Well, since she's dead, as are her children, I'd say it's fair game. I bet any other family members would be happy to see the story, since it would help them see a member of their family through a new lens and probably learn some things about her.
I mean, imagine turning the table. How would you feel if you stumbled on a story about your great-grandmother or something like that? Wouldn't you be curious to read something like this? I know I would.
If you're still hesitant, you could always try to find other surviving family members, but that could easily turn into a fool's errand.
Or you could use the album as inspiration to write a story with a similar character and a similar life.
From my working knowledge of copyright law, here's the deal:
Case 1 : if, in your story, you reproduce her texts (ie. the photographs' captions), the only copyright issue would potentially arise only if either she's still alive or has been deceased for less than 50 years. In this case, the copyright for only those captions belongs to her (or her living relatives), and if you decide to strictly go the biographical route, her living relatives would generally have to give you permission to reproduce those excerpts . However, if you craft a loosely based or fictitious story centered around her and simply use those excerpts as quotes attributed to her, I don't believe you'd need to get permission from her living relatives - basically, all you'd be doing is 'retweeting' her.
Case 2 : If she's been deceased for more than 50 years, there's no potential copyright issue at all. You wouldn't need to get permission from her living relatives, and can write about her with reckless abandon.
This is such an intriguing story! I know you already got a satisfactory answer, but my 2¢: the photos were obtained in a way that made you the owner, and the woman and her children are not here to object. If I were her I’d love to have a second chance for people to know who I am. You know the old saying about dying twice?
That sounds about right - this story seems intriguing, so it makes sense that your search for living relatives would be just as intriguing. Maybe you can write another story ABOUT your efforts to bring her story to life (hint: keep a diary).
In this case, succession rules the day. You'd probably hit your target by approaching the oldest grandchild.
The good news is that you're dealing with relatives a full generation away; they'll probably hand over copyright with no resistance at all, esp. since you'll also be approaching the 50 year mark after which point you wouldn't even need a copyright transfer.
I think it's okay to write this story. Sounds like you've done more than most people might've to connect with her family (many of whom have already passed away). If writing this winds up facilitating a connection with the rest of her family, then it would be all the better!
BTW, I'm already curious: what town in WI?
Well, friends, while I was waiting to hear from you (after I messed up and turned off the comments), I took my question to Twitter, where someone flagged Connie Schultz (who knows EVERYTHING, I'm sure of it) and Connie, in just a few words, set me straight.
She convinced me I have every right to tell this story in any way I choose, as any biographer would. Here is the link to my thread, with comments afterward.
https://twitter.com/RamonaGrigg/status/1484307025328685056
Well, since she's dead, as are her children, I'd say it's fair game. I bet any other family members would be happy to see the story, since it would help them see a member of their family through a new lens and probably learn some things about her.
I mean, imagine turning the table. How would you feel if you stumbled on a story about your great-grandmother or something like that? Wouldn't you be curious to read something like this? I know I would.
If you're still hesitant, you could always try to find other surviving family members, but that could easily turn into a fool's errand.
Or you could use the album as inspiration to write a story with a similar character and a similar life.
Hi Ramona.
From my working knowledge of copyright law, here's the deal:
Case 1 : if, in your story, you reproduce her texts (ie. the photographs' captions), the only copyright issue would potentially arise only if either she's still alive or has been deceased for less than 50 years. In this case, the copyright for only those captions belongs to her (or her living relatives), and if you decide to strictly go the biographical route, her living relatives would generally have to give you permission to reproduce those excerpts . However, if you craft a loosely based or fictitious story centered around her and simply use those excerpts as quotes attributed to her, I don't believe you'd need to get permission from her living relatives - basically, all you'd be doing is 'retweeting' her.
Case 2 : If she's been deceased for more than 50 years, there's no potential copyright issue at all. You wouldn't need to get permission from her living relatives, and can write about her with reckless abandon.
This is such an intriguing story! I know you already got a satisfactory answer, but my 2¢: the photos were obtained in a way that made you the owner, and the woman and her children are not here to object. If I were her I’d love to have a second chance for people to know who I am. You know the old saying about dying twice?
That sounds about right - this story seems intriguing, so it makes sense that your search for living relatives would be just as intriguing. Maybe you can write another story ABOUT your efforts to bring her story to life (hint: keep a diary).
In this case, succession rules the day. You'd probably hit your target by approaching the oldest grandchild.
The good news is that you're dealing with relatives a full generation away; they'll probably hand over copyright with no resistance at all, esp. since you'll also be approaching the 50 year mark after which point you wouldn't even need a copyright transfer.