Morley Baer
From: Joshua Baer


Subject: Copyright to Morley Baer's photographs

Lolita Lark / RALPH Magazine

My name is Joshua Baer. I am an advisor to the Morley Baer Photography Trust in Santa Fe, New Mexico. I am writing regarding the copyright to the photograph by Morley Baer illustrated on this page of your web site:

A JPEG of the photograph is attached to this email.

The photograph is ©2011 by the Morley Baer Photography Trust, Santa Fe. If you have purchased reproduction rights to the photograph, or have obtained permission to reproduce the photograph from a third party, then please forward a record either of your purchase of reproduction rights or of the permission to reproduce the photograph.

If you have not obtained reproduction rights to the photograph, and you want to continue to reproduce the photograph on your web site, then you will need to purchase one-time, limited reproduction rights to the photograph for use on your website, and you will need to agree, in writing, to caption the photograph as follows:

Photograph by Morley Baer
2011 by the Morley Baer Photography Trust, Santa Fe
All rights reserved.

Reproductions rights to Morley Baer's photographs are $250, per image. Unauthorized reproduction of Morley Baer's photographs is a copyright violation and is subject to criminal and civil penalties. The criminal fine for a single copyright violation is $10,000...

Thank you for your reply to this email.

Best wishes,

--- Joshua Baer
Advisor to the Morley Baer
Photography Trust, Santa Fe

§     §     §

Dear Joshua Baer:

This is in reference to your letter about our review from Fall, 2002 of Stanford University Press's book California Plain --- Remembering Barns. As you may be able to see, it is a tribute to the art of Morley Baer.

We took the two pictures from the book in question. But in your letter, you tell us that we have reproduced Baer's photographs without permission, and say that we may be subject to a $10,000 "criminal fine" for our use of these pictures.

It has been our experience that most publishers welcome our use of select photographs, pictures, and art work associated with a book under review. They anticipate that the inclusion of such may induce readers to seek out if not purchase the book in question. In the nine years since we posted the review, we have received no complaints from Stanford University Press.

As you may note, we gave a glowing review of the book California Plain. Our reviewer also tried to convey a feeling of profound respect for the author, the photographer, and Stanfod University Press for allowing us to have access one of the greats of American photographic history. As Ms. Wisdom wrote,

    He was a professional, and he carefully shot, carefully developed, carefully marked these treasures, driven to record the history of our land, these glorious edifices out of the soul of America. He was a perfectionist...

However, your threat must necessarily override our tribute to this unacknowledged master. In light of a potential criminal lawsuit, coupled with a fine that we would never be able to pay in a hundred years, we have withdrawn the photographs associated with the book.

Finally we should note that your letter --- aimed at a small, public-service, non-profit organization, seeking but to draw attention to a neglected master --- appears to be overly aggressive, if not hen-hearted.

--- Lolita Lark
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