Deceased Photographer but copyrited photos
Oct 31, 2012 21:25:34 #
A fellow worker has some prints with negatives of a Greatgranddad and GGmother which he would like to have reprinted for family. So far he has not been able to get them printed due to copyrited marks. These photos are approximately 70 years old. The co-worker has unsuccesfully searched for the photographers family and not been able to locate them. Does anyone have any suggestions? I have tried reading about copyrited on UHH but not anything covers this specific example. The co-worker has even taken an add out in various local papers located in the original area of the studio where the portraits were captured. The co-worker is only interested in reprinting for immediate family not for Capitol gain. Thanks in advance!
Oct 31, 2012 22:36:40 #
You can verify this on U.S. Copyright.gov, but I'm pretty sure that prior to 1978 copyrights were granted for either 24 or 27 years, after which they could be renewed, or they expired. After 1978 they were expanded to 75 years. Sounds like the materials you're dealing with were probably prior to 1978, so you're most likely okay with that.
Oct 31, 2012 23:36:53 #
Are they pictures of his great grand parents?
If they are pictures of his family, the copy right may not apply, unless the subjects revoked their right over to the photographer. If that is the case, I would check the copy right laws and see what can be done.
If they are pictures of his family, he could also get it done "privately", but that would be walking a very fine grey line.
If they are pictures of his family, the copy right may not apply, unless the subjects revoked their right over to the photographer. If that is the case, I would check the copy right laws and see what can be done.
If they are pictures of his family, he could also get it done "privately", but that would be walking a very fine grey line.
Oct 31, 2012 23:56:45 #
I am not a lawyer, but pretty sure Images taken prior to 1978 are OK. Any reasonable person would accept the reasonable attempt to find the owner from 70 years ago.
Nov 1, 2012 00:45:57 #
I remember a few years ago, the Disney company was pushing to get copyrights to last more than 70 years. They were miffed that they lost some ancient copyrights and some of their real early stuff became "Public Domain" - Did they win that battle?
Google is your friend: http://www.copyright.gov/help/faq/faq-duration.html#duration
if before 1978, 28 years is the length.
From Circular15 (referenced on that page) -
note: If a copyright originally secured before January 1, 1964, was not renewed at the proper time, copyright protection expired at the end of the 28th calendar year of the copyright and could not be restored.
Circular 15a is well worth reading too.
More than you want to know: http://www.copyright.gov/help/faq/
Google is your friend: http://www.copyright.gov/help/faq/faq-duration.html#duration
if before 1978, 28 years is the length.
From Circular15 (referenced on that page) -
note: If a copyright originally secured before January 1, 1964, was not renewed at the proper time, copyright protection expired at the end of the 28th calendar year of the copyright and could not be restored.
Circular 15a is well worth reading too.
More than you want to know: http://www.copyright.gov/help/faq/
Nov 1, 2012 01:48:43 #
Did I miss something? "photos with negatives" The prints might have a copyrite on them, but the negatives?
Nov 1, 2012 10:31:57 #
deanc2006
Loc: lancaster ohio
go to b@h photo the
Wolverine is like $80 make a digital copy then you can print at most photo places or even at home
Wolverine is like $80 make a digital copy then you can print at most photo places or even at home
Nov 1, 2012 12:06:54 #
deej wrote:
A fellow worker has some prints with negatives of ... (show quote)
He is not trying hard enough. I find that most places don't even ask me if I have the copyright for my photos.
Nov 1, 2012 13:01:37 #
I do photo restoration work for people all the time. This is just someone at a shop who thinks they know what they are talking about when they don't. Call around and find someone else to do the printing.
Nov 1, 2012 14:54:30 #
deej wrote:
A fellow worker has some prints with negatives of ... (show quote)
As noted copyright isn't a concern.
Better to scan them anyway as then you can likely improve them with processing before printing. Then send them to Costco or print himself at Walgreens etc.
Nov 1, 2012 16:31:20 #
Thanks all for the replies, I will forward on all suggestions. This was an interesting question which all may see at some point in their life, IMO, and most replies were very informative as well as interesting.
Nov 1, 2012 16:35:07 #
It may be all well and good that the copyright has expired but you have to find a way to convince a printer that you can reproduce it. They don't always realize that there is an expiration.
Nov 1, 2012 19:06:02 #
cday
Loc: North Carolina
I have a photo of my dad taken in early to mid 1950's, professionally done, photographer unknown and unable to find out who. Needless to say that when I went to my not favorite store to get a copy made for a quilt I was making for my parents, they wouldn't let me copy it. I was really upset and mad. There was no way to find out who took the photo, if that person were even still living. It was all about the copyright. I argued that if I couldn't or didn't know how to find the info, what was I supposed to do? I figured it out later by my own devices...I understand what the clerk was saying but if you have no idea of how to get info and I'm betting that photographer and company are nonexistent, what is one to do?
Nov 1, 2012 20:04:23 #
tk wrote:
It may be all well and good that the copyright has expired but you have to find a way to convince a printer that you can reproduce it. They don't always realize that there is an expiration.
Just scan it and send your image. No human intervention is involved with Costco by Internet or by those places you print them yourself; e.g. Walgreens. You proabably have to check a box on the input screen like you do on Costco. Pretty easy.
Nov 1, 2012 20:22:18 #
MtnMan wrote:
Just scan it and send your image. No human intervention is involved with Costco by Internet or by those places you print them yourself; e.g. Walgreens. You proabably have to check a box on the input screen like you do on Costco. Pretty easy.
tk wrote:
It may be all well and good that the copyright has expired but you have to find a way to convince a printer that you can reproduce it. They don't always realize that there is an expiration.
Just scan it and send your image. No human intervention is involved with Costco by Internet or by those places you print them yourself; e.g. Walgreens. You proabably have to check a box on the input screen like you do on Costco. Pretty easy.
Thanks, I will tell him to try that, he is not a photographer just a consumer.
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