Copyright Family Photos

[JJamison]

I have read a lot of the copyright threads and just want to make sure that I have got this right. My family (great aunts and uncles, grandparents and mother) have taken many old pictures that I am the heir to. These people have all passed away, leaving me with many old photographs that were taken by my family. I would like to restore/manipulate these pictures and put them on my website (giving credit to the orginal photographer) as an example of a way for clients (who are in the same position as I, namely heirs to cherished photographs that are quickly degrading with age) can maintain/improve or get an artistic photo manupulation from their cherished memories. Am I correct in my understanding that as the heir to my family photographs (which were taken by my family) I own the copyright and therfore can restore/manipulate and publish them? (of course giving credit to my family member that took them) I should also mention that both I and my mother were only children and therefore the only heirs.

[hawkeye60]

As far as I understand it, you are correct in your assumption, unless there is a state law to the contrary.

[ktg222]

I wouldn't worry about it

[tlooknbill]

I was told by the head moderator over at Photo.Net that I couldn't upload gallery images that were not mine because of copyright issues and this included some before and after restoration work I'ld done about 9 years ago of my extended family and one paid job of a family that were friends of my sister. I was advised to take them down since I didn't take the original shots.

I found this more of a CYA by the moderator after bringing up the issue and asking if I could keep them in my gallery. If I'ld not mentioned anything, I don't think they would've said anything because I found another member who does have their restoration work posted in their gallery and no one seemed to take issue with it. I assumed this because their are so many members the moderators and administrators don't have time to police everyone's gallery for copyright infringement.

So does RetouchPRO allow this in their member's gallery's, and if so, has their been any issues about it?

I'm considering uploading my restoration work to my new Flickr account and I'ld like to get some thoughts on this. I don't see this as a real problem, but you never know how touchy these administrators are about copyright of certain material.

[plugsnpixels]

In terms of post card photos, for instance (in the early '80s I used to do before-and-after shots of scenes for a local newspaper; see attached), my understanding is that after 75 years they enter the public domain.

Speaking of family photos, I am currently running a challenge here featuring a family photo taken about 1870. I don't think he'll mind!

[tlooknbill]

I have two pro studio shots, one as a series of a family of six taken by a New York photographer in the early '60's and one of my sister shot at an Olan Mills type studio in the late '60's. These might fall under copyright protection but I'm not sure.

I found a copyright flow chart doing a search here that was too complicated to follow. It had several copyright law changes depending on the decade the image was created that made it impossible for me to understand or interpret correctly.

[Janet Petty]

Olan Mills? Be careful. They don't like anything copied!

Janet

[plugsnpixels]

Olan Mills (in my experience) is the fast-food of portrait photography. Sometimes they come close to properly framing the image...

I've got a family portrait hanging down the hall taken at Olan Mills around '96, where there is more head room than should be. So my kid's hands got chopped off (!).

[tlooknbill]

It wasn't Olan Mills, more of an independant that shot with the same style, but I agree with both of your assessments of Olan Mills' level of quality.

I had my family's portrait done by them in a major metropolitan city around '93 and I couldn't bare to look at the final prints. I jumped back with a "Oh my God!" when first layed eyes on it. I don't know what they do with their processing, lighting and cropping but my entire family looked like a police mug shot of corpses from a morque-void of color with all of our wrinkles, bumps, dents and blemishes hideously exaggerated. I knew we weren't that ugly. It would've looked better if I'ld shot it myself with a 35mm instamatic under a shade tree with overcast lighting.

I told my wife not to frame it or hang it on the wall at least while I was living there. She took it wrong thinking I didn't like the look of our family. I should've explained in more technical terms rather than emotional in what I meant, but something told me she wouldn't have believed me anyway.

We later split up. I don't know what became of the portrait nor do I care.

[tlooknbill]

BTW, does anyone know how to change the user/member name that shows in these forums? I'ld like to change mine to reflect my real name.

I posted this topic over in the Site Feedback section yesterday and haven't gotten a response.

Thanks.

[plugsnpixels]

It's the curse of Olan Mills! ;-)

As for changing your user name, it may not be possible. You probably have to re-register.

[synthetamine]

yeh man go ahead, they're yours