My recent post on Vivian Maier's copyright sparked some interesting replies. By far the most surprising response I received was the news that Vivian Maier does in fact have an heir, and that all of the copyright issues regarding her work have been settled through that heir. This was reported by a knowledgeable source and confirmed by John Maloof.
To the best of my knowledge, here's what happened.
In order to make reproductions of Vivian Maier's work, and more importantly to sell that work through galleries, all outstanding copyright considerations needed to be settled. The problem for John Maloof, Jeff Goldstein, and anyone else wishing to market her work is that Maier had no known heirs, in which case copyright would've naturally reverted to the state of Illinois where she died. This copyright was probably worth very little when she died. But largely thanks to the efforts of Maloof, Maier's posthumous career has blossomed. The copyright is now worth a considerable sum.
Maloof and Goldstein hired a genealogist —four of them actually— and visited a French village with connections to Maier. They were able to locate Maier's closest living relative, who was the heir and unwitting copyright owner. Maloof and Maier then made a legal arrangement which transferred copyright control to them, freeing the way for Maier's work to be sold.
The heir wishes to remain anonymous. I don't know the identity, the relationship, or the legal arrangement.
None of this is illegal or especially shocking. But I do think it transforms the general understanding of Vivian Maier's legacy (a good summary of the previous worldview is here). To my knowledge none of this information has not yet been reported in any media outlet.* In fact most stories about Maier continue to claim the opposite. The fact she died with no heirs feeds into the romantic fable. But as with all romance, the initial blush is beginning to wear off. What else might there be underneath?
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*Update: Yesterday, this feature appeared in the Chicago Reader, also noting the copyright/heir connection.
To the best of my knowledge, here's what happened.
In order to make reproductions of Vivian Maier's work, and more importantly to sell that work through galleries, all outstanding copyright considerations needed to be settled. The problem for John Maloof, Jeff Goldstein, and anyone else wishing to market her work is that Maier had no known heirs, in which case copyright would've naturally reverted to the state of Illinois where she died. This copyright was probably worth very little when she died. But largely thanks to the efforts of Maloof, Maier's posthumous career has blossomed. The copyright is now worth a considerable sum.
Maloof and Goldstein hired a genealogist —four of them actually— and visited a French village with connections to Maier. They were able to locate Maier's closest living relative, who was the heir and unwitting copyright owner. Maloof and Maier then made a legal arrangement which transferred copyright control to them, freeing the way for Maier's work to be sold.
The heir wishes to remain anonymous. I don't know the identity, the relationship, or the legal arrangement.
None of this is illegal or especially shocking. But I do think it transforms the general understanding of Vivian Maier's legacy (a good summary of the previous worldview is here). To my knowledge none of this information has not yet been reported in any media outlet.* In fact most stories about Maier continue to claim the opposite. The fact she died with no heirs feeds into the romantic fable. But as with all romance, the initial blush is beginning to wear off. What else might there be underneath?
_____________________________________________
*Update: Yesterday, this feature appeared in the Chicago Reader, also noting the copyright/heir connection.
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