On 1/20/2015 2:53 PM, Malcolm Smith wrote:
P.J. Alling wrote:
I'm sure that changes to copyright law have made all of this quite
complicated, however, if you own the original slide, you have defacto
copyright. If there is no commercial value to the image it won't be in
anyone's interest to challenge it.
Thanks. I've tried to take a wander through the internet about copyright law
as applicable, but there have been many changes in recent years and much of
the information seems to contradict itself, so it isn't (sorry) black and
white.
As for the other few slides I've inherited it is something I think about,
although I suppose as I have the originals, I suppose it would be difficult
for someone to come forward and claim copyright. None of this is usually an
issue - I have thousands of my own images, but when you have some which
belong to you but you didn't take them, there is a question to ask.
Malcolm
For a definitive answer, you really need a lawyer.
But, I'm pretty sure current law is that copyright protection for old
photos is "life of the author + 70 years". So whoever took the photo
owns the copyright and/or his heirs own it for 70 years after his death.
http://copyright.columbia.edu/copyright/special-topics/duration-and-the-public-domain/
See the section "Works created before 1978 but not Published before 1978:"
As a practical matter, if no one can say for sure who actually took the
photograph, it's an orphan work.
https://en.wikipedia.org/wiki/Orphan_works_in_the_United_States
If you're copying them to preserve digital copies of a deteriorating
physical image (i.e. fading prints or slides) for purely personal use,
that might fall under "fair use" a la the Betamax Case.
https://en.wikipedia.org/wiki/Sony_Corp._of_America_v._Universal_City_Studios,_Inc.
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