Molly Rogers, the author of a previous book about the images called “Delia’s Tears,” said that tracing families under slavery was extremely complex. “It’s not necessarily by blood,” she said. “It could be people who take responsibility for each other. Terms, names, family relationships are very much complicated by the fact of slavery.”
One intellectual property lawyer, Rick Kurnit, said he thought Ms. Lanier would have a hard time claiming ownership of the daguerreotypes. He said the famous photograph “V-J Day in Times Square,” for instance, belonged to the photographer and not to the sailor or the nurse who are kissing. But that image, of course, was taken in a public space.
Yxta Maya Murray, a professor at Loyola Law School, Los Angeles, said that images taken by force were tantamount to robbery. “If she’s a descendant, then I would stand for her,” Professor Murray said of Ms. Lanier.
One argument for keeping the daguerreotypes in a museum is that they are fragile physical objects, which degrade when exposed to light, said Robin Bernstein, a professor of cultural history at Harvard who has studied them.
She declined to take a position in the legal dispute, but said that the images were safe at the Peabody. “Frankly, there are other repositories to keep them safe,” she said. “What I do know is that no ordinary individual such as myself could keep them safe in a home.”
The question remains what Ms. Lanier would do with the images of Renty and Delia if she were to win her case in court.
Ms. Lanier, who is asking for a jury trial and unspecified punitive and emotional damages, says she does not know, and would have to have a family meeting about it. She does not rule out licensing the images.
Mr. Crump, her lawyer, had another idea. The daguerreotypes, he said, should be taken on a tour of America, so that everyone can see them.