Ugly Hedgehog - Photography Forum
Home Active Topics Newest Pictures Search Login Register
Main Photography Discussion
CopyWrite Protection Question...Historical Photos
Feb 18, 2015 13:30:31   #
busted_shutter
 
On a photographic local history "kick" as of late. My local town. Who holds copywrite on historical photos?. 50/100/150+ years old? Doesn't copywrite "end" upon a photographer's death? Unless given to his/her heirs. Photo taken in 1904 and in archives of a local college library. Intended for informative value only, not financial or personal gain.

Reply
Feb 18, 2015 13:46:22   #
lightcatcher Loc: Farmington, NM (4 corners)
 
Do research on Public Domain, what is and what is not in PD..

Reply
Feb 18, 2015 13:52:32   #
Morning Star Loc: West coast, North of the 49th N.
 
busted_shutter wrote:
On a photographic local history "kick" as of late. My local town. Who holds copywrite on historical photos?. 50/100/150+ years old? Doesn't copywrite "end" upon a photographer's death? Unless given to his/her heirs. Photo taken in 1904 and in archives of a local college library. Intended for informative value only, not financial or personal gain.


In Canada , current copyright for photos is the life of the author (photographer) + 50 years.
Assuming that this overrides previous copyright law, if the photographer died before 1965, his/her photos are now in the public domain.

Reply
 
 
Feb 18, 2015 21:38:16   #
busted_shutter
 
I can't get any photos to load. Phone company says website prob or change...I still think phone prob.

Reply
Feb 19, 2015 08:29:44   #
Bunko.T Loc: Western Australia.
 
busted_shutter wrote:
On a photographic local history "kick" as of late. My local town. Who holds copywrite on historical photos?. 50/100/150+ years old? Doesn't copywrite "end" upon a photographer's death? Unless given to his/her heirs. Photo taken in 1904 and in archives of a local college library. Intended for informative value only, not financial or personal gain.


I went through the process of enquiry to our archives here in Australia, to donate 90-100 B&W negs of state historical significance.
I don't know if you have Batte Library or it's an Aus thing to preserve & make available these images to interested parties like history buffs or research folks.
I believe the copyright extends beyond their death, I was lead to believe, 75 years. I'm a little hazy on that but other issues disturbed me.
They expected me to sign over full copyrights. I get nothing but they can then sell images for $40!!? a pop.
I have plans to publish them in conjunction with a book my parents published about the same subject in a reprint with additions & upgraded photos.
I didn't like the idea of getting their permission to use my families images.
Needless to say, that donation is on hold. The pics will eventually have to go there in the interest of the regions history.
Probably different in your country.

Reply
Feb 19, 2015 11:10:01   #
ole sarg Loc: south florida
 
there are all sorts of ways to extend a copyright. copyright the image, copyright the presentation, copyright the work of the photographer, etc. do that each time after the original copyright expires.

Reply
Feb 19, 2015 18:02:48   #
HEART Loc: God's Country - COLORADO
 
The question of "who owns the rights" is now being contested with the legal battle resulting from "Finding Vivian Maier", a documentary filmed by John Maloof based on photos, negatives, and historical documents Maloof believes are accurately his; Vivian Maier left no tangible lineage to her images. The results of the pending litigation may change copyright laws as they currently stand.

http://www.uglyhedgehog.com/t-284857-1.html

Reply
 
 
Feb 19, 2015 18:14:40   #
Blurryeyed Loc: NC Mountains.
 
busted_shutter wrote:
On a photographic local history "kick" as of late. My local town. Who holds copywrite on historical photos?. 50/100/150+ years old? Doesn't copywrite "end" upon a photographer's death? Unless given to his/her heirs. Photo taken in 1904 and in archives of a local college library. Intended for informative value only, not financial or personal gain.


I believe that current US law is holders death plus 75 years, there are exceptions for education purposes etc, not sure about images though they may be excluded for the educational exemption.

Reply
Feb 20, 2015 11:37:43   #
Architect1776 Loc: In my mind
 
busted_shutter wrote:
On a photographic local history "kick" as of late. My local town. Who holds copywrite on historical photos?. 50/100/150+ years old? Doesn't copywrite "end" upon a photographer's death? Unless given to his/her heirs. Photo taken in 1904 and in archives of a local college library. Intended for informative value only, not financial or personal gain.


For personal use from a public library should be no problem.

Reply
Feb 20, 2015 23:57:19   #
dickwilber Loc: Indiana (currently)
 
busted_shutter wrote:
Who holds copywrite on historical photos?. 50/100/150+ years old? Doesn't copywrite "end" upon a photographer's death?


Copyright laws change from time to time. The copyright on photos taken today are in effect thru the period ending 70 years after the photographers death, but before that it was 50 years, and before that, I believe it was only twenty years. And until fairly recently you had to make sure each image was marked with the copyright.

But the problem is to know which law was in effect at the time the image was created, when the artist died, etc. Here in 2015 I would feel safe from copyright infringement on anything dated earlier than 90 or 100 years ago. But, if something is dated from 1925 or later, and it happened to be taken by a twenty year old who did whatever was needed to legitimize the copyright, and he lived to be 90 or more, even with only a 20 year after death copyright period, you could be held liable - if anyone is interested and paying attention! (Note: the law in effect at the time of creation of the work, only, is applicable.)

Today's copyright laws are written to protect corporate interests like Disney and the big media companies, not the average artist/writer/photographer. It is very difficult for an average Joe to get compensated when his work is ripped off, but the big media companies can enter your computer and search it for illicit copies of the latest blockbuster movie or downloaded music, and will use high priced lawyers to insure the legal penalties for infringing their copyrights are enforced.

Reply
If you want to reply, then register here. Registration is free and your account is created instantly, so you can post right away.
Main Photography Discussion
UglyHedgehog.com - Forum
Copyright 2011-2024 Ugly Hedgehog, Inc.