An ownership row is breaking out over the Fairfax media archive, with photographers saying they hold part of the copyright over the library that was sent to be digitised in the United States.

The media union is investigating whether the company breached an employment agreement with photographers when it sent the library overseas.

Media, Entertainment and Arts Alliance chief executive Paul Murphy said the ownership and copyright of the photographs were not both held by Fairfax.

"Fairfax has ownership of the hard copy print that was in their archive, but the copyright in the image remains with the photographer who took that image," he said.

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Fairfax has confirmed that it sent millions of so called copy files to the United States for digitisation by the John Rogers agency.

Each file includes written notes of identifying information such as the name of people, the dates and location - the vital information that makes sense of those pictures.

In return for scanning those photos into digital form, Fairfax agreed to allow the John Rogers agency to make money selling photos online.

But is the archive Fairfax's alone to sell? No, says former Fairfax photographer Mike Bowers.

"That collection is only worth money because of the images and the artwork put into it by the creators. Which is the photographers," Mr Bower said.

As the ownership row brews, a US judge has ordered the arrest of Rogers, the alleged fraudster at the centre of the battle over the Fairfax picture archive.

Twenty-one American-owned newspapers are suing Rogers to retrieve their archive. So far the Fairfax group has not joined that action. Under the failed Rogers deal, those photos were to stay in the USA.

John Rogers inspects photos at the Rogers Photo Archive ( The Arkansas Times: Brian Chilson )

Mr Murphy is demanding Fairfax explain itself.

"We first became aware of Fairfax's intention to enter into this arrangement in about mid-2013 and wrote at that time expressing some concern over what we'd heard," he said.

Mr Murphy said that in light of the collapse of the Rogers business and possible fraudulent dealings with the images, the MEAA had a range of fresh concerns. The union is writing to Fairfax seeking further information.

Meanwhile, Mr Bowers and other past photographers are becoming anxious about the possibility of bungling by the Rogers agency, especially if the scanned photos are separated from the metadata that explains the images.

"Let's take them at their word that they've only sent these photographic prints; how are they going to know if they've got it all back?" Mr Bowers said.

"Because some of those files contain 100 prints, and some would contain two or three. Have they itemised everything? I'm told they haven't."

Mr Bowers reckons that the mystery also opens up bigger questions.

"What happens to archives like this as magazines and newspapers are put under fiscal constraints?" he asked.

"The Bulletin magazine closed a few years ago now, the archive is now owned by Bauer Media which is a German group, and as I understand it, there is no legislation to stop that very valuable and culturally valuable archive from being sold off in bits or overseas."

Mr Bowers is seeking support from Independent senator Nick Xenophon to get the Government to enact a law to protect what he calls "culturally sensitive" photos.

"Because every single newspaper and magazine will have an archive or some sort and increasingly as these organisations go belly up, close and get put under fiscal constraint where they can't afford to store it anymore, it's going to become an ongoing problem."

Fairfax Media has not responded to a request for an interview.