Integrity of a Photo

[nebgranny]

I have been asked by a friend if it possible to print a picture of an ancestor. The photo is about 75 years old and may even be older. It has the photographer's name on it . Can anyone please tell me just what the ethical response would be to this request. She is sure the photographer is deceased!! She has no idea where they were from to try and contact a family member.

I just want to do the right thing. Thanks Neb
I think this has been discussed before. But I wanted a response directly to my post.

[Flora]

Hi Neb,

I don't know the US legal system, so, the only help I can give is the following which I copied from our Copyright FAQ.

What about Copyrights and Likeness Rights?
This isn't a legal guide, just a brief summary about posting here. We aim to follow United States copyright and likeness rights laws, and it's your responsibility to make sure your uploaded images are within those laws. If in doubt, check http://www.copyright.gov.

Copyrighted images cannot be posted without explicit permission from the copyright owner. "Someone put it up on the web" does NOT count as explicit permission.

Public domain images can be posted (this usually means at least 70 years old, or formally released into the public domain by the copyright owner) assuming you have permission of anyone recognizable in the image (or their estate if they have been dead less than 50 years).

Images you own can be posted by you if you have permission of anyone recognizable in the image. Posting your image here does not mean you surrender copyright, but it does mean you give permission for other users to retouch the image and upload here, unless you explicitly state otherwise at the time of uploading.

Images you don't own can be posted if permission is explicitly given by both the owner of the image and any recognizable person in the image.

Celebrity images or random images from Google or anywhere else on the internet cannot be posted unless explicit permission from both the photographer and the subject has been obtained.

Changing a copyrighted image in any way does not remove it from copyright.

Pieces of copyrighted images, no matter how small, retain their copyright and all the same rules apply.

"Fair use" and parody protection are problematic to define, but to be safe lets assume neither apply here.

You are responsible for obtaining any necessary permissions for images you upload, and you are liable should anyone choose to enforce their copyright or likeness rights.

... Hope this helps...

Take care.

[chrishoggy]

Not 100% sure, but as far as I know the image becomes public domain on the 70th anniversary of the death of the copyrights holder, not from the date of the image being taken?????

[PeteyB]

A good site for copyright questions is http://www.rightsforartists.com/index.html

Their page entitled "Copyright" consists of concise answers to a variety of copyright questions.

Your question might be answered on the "Definitions" page under the term Copyright Expiration

[nebgranny]

Thanks Flora..nice to see you ..chris, Hi your response is always welcomed, and Petey..here is another question which came up after looking at the site you provided. Information from page..

Original works created and published between 1923-1963 are copyrighted for 95 years (28 years + 47 year renewal + 20 year extension) only if the work was timely renewed. If no renewal was filed, the work is now in the public domain.


So now this raises another question in my mind. How does one find out if if the work ever was renewed. Is there a place to check for this action. Thanks again all...Neb

[PeteyB]

Here is what I found

A work published between 1923 to 1977 that does not have a notice of copyright is in public domain.
http://www.copyright.cornell.edu/tra...lic_Domain.htm


A Notice of Copyright (no longer required) contains three elements--- find those elements listed here http://www.copyright.gov/circs/circ1.html#noc


or

you can request a search of copyright records (for a fee)

http://www.copyright.gov/


Pete