Fight over Vivian Maier's photos settled, but deal sealed from public
Jason MeisnerContact ReporterChicago Tribune
A Cook County judge on Thursday approved a settlement in the long-running dispute over the estate of amateur street photographer Vivian Maier but ordered that it be kept sealed to protect ongoing negotiations with other owners of the reclusive nanny's celebrated work.
Probate Judge Mary Ellen Coghlan issued her two-page order after a private, hourlong meeting in her chambers about the agreement with John Maloof, who owns more than 90 percent of the film Maier left behind when she died in 2009.
Attorneys for the public administrator had argued that the agreement with Maloof should remain sealed because it contains "sensitive and confidential information," including business plans and strategies for the use of Maier's images.
The judge agreed, saying in her order that she had reviewed the settlement and found it to be "fair and reasonable" but that making it public "would result in the disclosure of legitimate confidential material" that could jeopardize any future deals.
The settlement ends what had been a highly publicized stalemate between Maloof and the county that began nearly two years ago when a lawyer from Virginia filed papers in probate court claiming Maloof was violating copyright law by profiting off of Maier's work.
Maloof told the Tribune on Thursday he was "excited" that the deal had finally been approved and was looking forward to getting back to developing and cataloging Maier's film, including about 20,000 images that are sitting in canisters and have never been seen by anyone — including Maier herself.
"I think this is a monumental success for the archive," Maloof said.
The public administrator's office, which is overseeing Maier's estate because she left no will, said in a brief statement that it was pleased with the agreement and looks "forward to a continuing collaboration with Mr. Maloof in promoting Ms. Maier's remarkable work."
It was unclear Thursday whether the county would make the deal public once negotiations with the handful of other owners were finalized.
"We haven't even approached that discussion," said Leah Jakubowski, the public administrator's general counsel.
For much of her life, Maier lived and worked as a nanny in Chicago's well-to-do northern suburbs, snapping thousands of photographs of street life in Chicago while taking the children in her care on shopping trips and other expeditions. She also took photos while living in New York and on trips in the U.S. and abroad.
After Maier died at 83, her work remained a secret until Maloof and others inspected the negatives and undeveloped rolls of film they had bought at an auction of old storage locker items shortly before her death. Maloof co-produced a documentary about his experience, "Finding Vivian Maier," that was nominated for an Oscar in 2015.
The probate case that has played out in Chicago has added another layer of intrigue to Maier's story. At the center of the case is an unusual situation: A woman who died virtually penniless and without any clear heirs now has an estate potentially worth millions of dollars. But while the estate has the copyrights to Maier's work, others legally own the film itself.
The proceedings were put in motion in summer 2014 by David Deal, a Virginia copyright attorney and former professional photographer who said his fascination with Maier's work sparked concerns that those selling her images were violating copyright law.
Deal had read Maloof's story of how he had hired genealogists to trace Maier's roots in France and found a first cousin once removed, Sylvain Jaussaud, who accepted $5,000 in exchange for giving up the rights to market Maier's work. Deal took it upon himself to track down another man in southeast France who is also believed to be Maier's first cousin once removed.
Deal filed a petition in Cook County on behalf of the man, Francis Baille, asking the court to name Baille as an heir to the estate. Weeks later the public administrator's office took over, putting the question of heirship back at square one.
jmeisner@tribpub.com
Twitter @jmetr22b
Probate Judge Mary Ellen Coghlan issued her two-page order after a private, hourlong meeting in her chambers about the agreement with John Maloof, who owns more than 90 percent of the film Maier left behind when she died in 2009.
The judge agreed, saying in her order that she had reviewed the settlement and found it to be "fair and reasonable" but that making it public "would result in the disclosure of legitimate confidential material" that could jeopardize any future deals.
The settlement ends what had been a highly publicized stalemate between Maloof and the county that began nearly two years ago when a lawyer from Virginia filed papers in probate court claiming Maloof was violating copyright law by profiting off of Maier's work.
Maloof told the Tribune on Thursday he was "excited" that the deal had finally been approved and was looking forward to getting back to developing and cataloging Maier's film, including about 20,000 images that are sitting in canisters and have never been seen by anyone — including Maier herself.
"I think this is a monumental success for the archive," Maloof said.
The public administrator's office, which is overseeing Maier's estate because she left no will, said in a brief statement that it was pleased with the agreement and looks "forward to a continuing collaboration with Mr. Maloof in promoting Ms. Maier's remarkable work."
It was unclear Thursday whether the county would make the deal public once negotiations with the handful of other owners were finalized.
"We haven't even approached that discussion," said Leah Jakubowski, the public administrator's general counsel.
For much of her life, Maier lived and worked as a nanny in Chicago's well-to-do northern suburbs, snapping thousands of photographs of street life in Chicago while taking the children in her care on shopping trips and other expeditions. She also took photos while living in New York and on trips in the U.S. and abroad.
After Maier died at 83, her work remained a secret until Maloof and others inspected the negatives and undeveloped rolls of film they had bought at an auction of old storage locker items shortly before her death. Maloof co-produced a documentary about his experience, "Finding Vivian Maier," that was nominated for an Oscar in 2015.
The probate case that has played out in Chicago has added another layer of intrigue to Maier's story. At the center of the case is an unusual situation: A woman who died virtually penniless and without any clear heirs now has an estate potentially worth millions of dollars. But while the estate has the copyrights to Maier's work, others legally own the film itself.
The proceedings were put in motion in summer 2014 by David Deal, a Virginia copyright attorney and former professional photographer who said his fascination with Maier's work sparked concerns that those selling her images were violating copyright law.
Deal had read Maloof's story of how he had hired genealogists to trace Maier's roots in France and found a first cousin once removed, Sylvain Jaussaud, who accepted $5,000 in exchange for giving up the rights to market Maier's work. Deal took it upon himself to track down another man in southeast France who is also believed to be Maier's first cousin once removed.
Deal filed a petition in Cook County on behalf of the man, Francis Baille, asking the court to name Baille as an heir to the estate. Weeks later the public administrator's office took over, putting the question of heirship back at square one.
jmeisner@tribpub.com
Twitter @jmetr22b
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