This information applies to the United States. Since the image under discussion was taken in the 1930s, the copyright exists until 50 years after the photographer’s death. Photographs taken after 1989 are copyrighted until 70 years after the photographer dies.
Carolyn E. Wright (aka The PhotoAttorney) suggested this link in reply to a similar query. http://www.unc.edu/~unclng/public-d.htm HTH Yonnie On Tue, Jan 20, 2015 at 9:43 PM, John <[email protected]> wrote: > 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. > > -- > Science - Questions we may never find answers for. > Religion - Answers we must never question. > > > -- > PDML Pentax-Discuss Mail List > [email protected] > http://pdml.net/mailman/listinfo/pdml_pdml.net > to UNSUBSCRIBE from the PDML, please visit the link directly above and > follow the directions. -- PDML Pentax-Discuss Mail List [email protected] http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
