Old Photos 2: I have some old photos of great sentimental value that I wish to share with family. The photos were taken circa 1960, and have the name of the studio stamped on the back.

TMcL

I have some old photos of great sentimental value that I wish to share with family. The photos were taken circa 1960, and have the name of the studio stamped on the back. Having checked, I discovered that the studio went out of business in the 1980s. Can I legally/ethically have these photos scanned and reproduced? Thanks.

CPR Loc: Nature Coast of Florida

Are they stamped Copywrite or are they stamped with an advertisement for the studio?
With the company out of business I personally would not hesitate to use for personal use but not any commercial use such as ads,

Quixdraw Loc: x

Not a lawyer, but IMO there is no issue for personal use.

TMcL

CPR wrote:

Are they stamped Copywrite or are they stamped with an advertisement for the studio?
With the company out of business I personally would not hesitate to use for personal use but not any commercial use such as ads,

There is a foil sticker at the back with the studio’s name, address, and telephone number. No copyright symbol, but I’m guessing that it is implied. I took it to a local studio that specializes in restoring old prints, and they said they would not do it.

CHG_CANON Loc: the Windy City

TMcL wrote:

I have some old photos of great sentimental value that I wish to share with family. The photos were take circa 1960, and have the name of the studio stamped on the back. Having checked, I discovered that the studio went out of business in the 1980s. Can I legally/ethically have these photos scanned and reproduced? Thanks.

What you do with your own scanner, in your own home, is your own business.

TMcL

CHG_CANON wrote:

What you do with your own scanner, in your own home, is your own business.

Thanks, Paul. I have my eye on some gorgeous photos on your Instagram . . .

(Only kidding!)

CHG_CANON Loc: the Windy City

TMcL wrote:

Thanks, Paul. I have my eye on some gorgeous photos on your Instagram . . .

(Only kidding!)

LOL. But really, once you take a 'picture' of a picture, you now have a derived piece of art, where your picture is now yours. Should you hang it in a public gallery and call it the Mona Lisa? Probably no. But, if you're creating work to be shared privately within your family of an important memory, you're not taking food off the old studio's table. Just like you can post to FB your picture of the ML from your trip to the Louvre. So, there is a gray line in there somewhere, the type of line you might find the copy team at Kinkos or the print team at Walmart are not willing to cross if trying to have them copy the original print.

frankraney Loc: Clovis, Ca.

TMcL wrote:

There is a foil sticker at the back with the studio’s name, address, and telephone number. No copyright symbol, but I’m guessing that it is implied. I took it to a local studio that specializes in restoring old prints, and they said they would not do it.

That is just an advertisement to the person they sell the photos to so you will know where to go to get more copies. In this case you can't do that. You did purchase the photo it is yours to do with as you please.

dsmeltz Loc: Philadelphia

CHG_CANON wrote:

What you do with your own scanner, in your own home, is your own business.

They are your photos. You (or a family member) paid for them. Scan them in and enjoy.

Do you plan on selling them as art works? No. Do not worry.

larryepage Loc: North Texas area

TMcL wrote:

There is a foil sticker at the back with the studio’s name, address, and telephone number. No copyright symbol, but I’m guessing that it is implied. I took it to a local studio that specializes in restoring old prints, and they said they would not do it.

Back in the 1970s, when good quality music reproduction equipment was available to the masses and VCRs were new, the copyright system received a complete overhaul. January 1, 1978 was the transition date, which is why so much music from before that date is heard in commercials and elsewhere...it has passed into the public domain rather than being renewed every 28 years, which is generally required for older material. So even if your photographs had originally been copyrighted, it is unlikely they would have been renewed after the studio went out of busines.

Did the studio you contacted offer any rational explanation for why they declined your work? I believe they do not have a good fundamental understanding of their business.

TMcL

larryepage wrote:

Did the studio you contacted offer any rational explanation for why they declined your work?

Perhaps because they did not know that the original photographer was no longer in business.

TMcL

Thanks everyone for your suggestions. I have found a shop in the next village that will reproduce the photo for me. To honor the original studio, and to provide some historical information for future generations, I have decided to place the following information on the reverse of the copies: "Originally photographed by Willhelm Lenthard Photographie, St. Gallen, Switzerland, circa 1962. Reprinted in 2021."

rmcgarry331

I'm not a lawyer, so don't take this as legal advice. I'm just someone who works with old photos. One often forgotten provision of the pre 1978 copyright law, was that the "Originator" of a work held the copyright, rather than the artist. In the case of a studio photo, a person booking an appointment and paying a sitting fee to have the photographer take the picture, would be the copyright holder, not the photographer, not the studio.

billnikon Loc: Pennsylvania/Ohio/Florida/Maui/Oregon/Vermont

TMcL wrote:

I have some old photos of great sentimental value that I wish to share with family. The photos were taken circa 1960, and have the name of the studio stamped on the back. Having checked, I discovered that the studio went out of business in the 1980s. Can I legally/ethically have these photos scanned and reproduced? Thanks.

Yes

DirtFarmer Loc: Escaped from the NYC area, back to MA

TMcL wrote:

I have some old photos of great sentimental value that I wish to share with family. The photos were taken circa 1960, and have the name of the studio stamped on the back. Having checked, I discovered that the studio went out of business in the 1980s. Can I legally/ethically have these photos scanned and reproduced? Thanks.

If the studio holds the copyright, probably no, legally.

As a practical matter, probably yes since there is nobody to claim copyright infringement, particularly since the photos won't be used commercially nor will they be generally displayed to the public. I doubt that your family would rat you out.

I would copy them were I in your position. (The family photos I have copied and distributed are all over 80 years old).