pigpen

My family has a 11x14 b&w image of an aerial view of the farm we grew up on. I got the image when my grandparents died. We don't know what company, or photographer it came from. We do know this was a common thing years ago. People would fly over, take 1000 images, then a month later a salesman would come by with a 5x7 and try to sell you a large print. The only thing written on the back, by hand in blue ink, was 1969. We are guessing this was written by someone in our family. I have since set up my camera and took photos of the photo. I know scanning an image is illegal, but I wouldn't think what I've done is. Does anyone know for sure?

Roger Hicks Loc: Aquitaine

Technically, yes, you are breaking the law. In reality, the dozy sods should have put their copyright on the back. With no marked copyright, they'd have a job proving damages. Not saying they can't, but an apology and withdrawal should satisfy any sane plaintiff (insofar as such people exist).

Cheers,

R. (LL.B.)

Pepper Loc: Planet Earth Country USA

I'm not so sure Roger, I believe you can do with it what you want as long as it's not for profit or not used for commercial purposes. You paid for and therefore own the photo. I guess I'd run this by an attorney with an explanation of your plans.

pigpen

Thanks for the response. I didn't think it was an issue. I see people taking photos of artwork ect. The only rule I ran into in a museum was "no flash". And they are selling prints of the artwork in the gift shop. I just thought that if YOU take the image, the image is yours, regardless what it is. I wish we could find out who did it, if they still have the neg we could get a much better quality print.

sinatraman Loc: Vero Beach Florida, Earth,alpha quaudrant

i believe this falls under fair use

Carioca

Taking a photo of the image IS reproducing it, no different than if you scanned it. In and of itself, that is not illegal.

What may be illegal is distributing your reproduced copy. If you're planning to make copies to share with your family members, the owner of the original may have a legal case to pursue.

Roger Hicks Loc: Aquitaine

Iffy. You own the photo, but not the copyright. On such fine points ('publication' and 'distribution') are legal fortunes made. The internet (and indeed, mailing a copy to your cousin) is technically 'publication'. It's a question of being realistic: (a) will they find out and (b) will they sue?

Hence my point about sane plaintiffs...

Cheers,

R.

Pepper Loc: Planet Earth Country USA

Actually I should have given this a little more thought. I was basing my answer on a drawing I purchased but when I purchased the drawing I also purchased the rights. Big difference.

travlnman46 Loc: Yakima WA

Hi pigpen: Do you know who or what company actually took the photograph? Are they still in business, is the photographer still alive? Would there be a way of chasing down that information? I would certainly look into the issue. Once you have investigated all possibilities you would more than likely not havs a problem duplicating the photograph. How ever it is always better to be safe that sorry.

pigpen

We have tried to find out. No luck. From what my uncle told me years ago, there were companies that were hired to photograph things such as gas lines, property boundries, electrical lines ect. These companies did this on the side. They were already being paid by someone to photograph something other than peoples farms. They just figured while they were there, why not. A few months later, a guy would go door to door trying to sell people an image of their property. They apparently sold a lot, as an aerial image of your house is a unique thing to have, especially back then. Someone also told me a few years back that it was illegal to photograph someone's property like this without their permission first, but I can't believe that is true, just look at google earth.

jerryc41 Loc: Catskill Mts of NY

Suppose you have a photo of your grandparents taken at a studio in 1894. It's in pretty bad shape, so you bring it to a pro to have it repaired/redone, and he makes you three copies. I can't imagine that being illegal. The original photographer probably isn't in business anymore, but it's unlikely he's going to sue you from his vacation home in Florida.

Roger Hicks Loc: Aquitaine

As far as I recall, international copyright law (US law is not always the same) maintains copyright until 70 years after the death of the creator, so your example is not outstandingly useful in the case described by the OP.

Cheers,

R.

normanhall Loc: Leslie Missouri

From what i understand the limitation on copyright is 75 yrs. Anything older than that is no longer enforced under the copyright laws.

CaptainC Loc: Colorado, south of Denver

Wow. It took seconds to find this information on Google.

Lots better than all the supposition and mis-information going on.

Here is the link:
http://www.copyright.gov/title17/92chap3.html

The quick and dirty: Prior to 1978, the (c) lasts 28 years. The 1969 date would appear to make this in the clear under any circumstance unless the copyright was renewed. Since there is not information as to who did it - scan away.

professorwheeze Loc: Maine, USA

A fine question? Good advice from others. The following is information from the Library of Congress. I am not an attorney.

Technically, your camera is a scanner.The whole copyright-law issue is complex. Copyright is conceived at the completion of an item, here a photograph, at the time of it's printing or even possibly the moment the shot occurred, especially today. A Copyright need not be registered, unless a law suit is possible. The cost is $15.00 Not all items can be copyrightable. Another point is that copyright work for hire is owned by the employer not employee. Copyright of an original copyrighted item is not conveyed (UNLESS IN WRITING) with the purchase of the copyrighted item. Copyright now extends to 75 years after the death of the copyright holder.

My advice, would be to enjoy the print for it's personal significance to you and your extended family's benefit. If you want to commercialize the image, you will have to conduct a lot of research. If it you want to sell am image, why not take a current aerial shot yourself. Copyright(register) with the Library of Congress.

As I mentioned in the initial paragraph, I am not a lawyer; information is from the Library o Congress (FAQ).

Ray