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Pre 1923 Public Domain Images

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  #1  
Old 03-12-2010, 10:58 AM
jllinko jllinko is offline
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Pre 1923 Public Domain Images

I want to start a personal web site about the history of my small local county. It is my understanding the pre 1923 photos are public domain. But can I copy and use pre 1923 photos that appear on websites that sell these old photos without paying them? Or, I have a copy of The History of Knox County, published in 1881. But the copy I have is not an original, it is a 1974 reprint. Can I copy images from it? In other words, can I copy and freely use a modern copy (paper or digital) of a public domain photo?

Thanks, jllinko
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Old 03-12-2010, 01:48 PM
slash-5 slash-5 is offline
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Re: Pre 1923 Public Domain Images

No, you cannot.
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Old 03-12-2010, 05:08 PM
jllinko jllinko is offline
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Re: Pre 1923 Public Domain Images

Well, I've done a bit a research and found this.

http://englishhistory.net/tudor/art.html

It states that you can, if it is an exact copy of the original, unaltered.
The gray area to all of this is what is unaltered of which I am contining to research.
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Old 03-12-2010, 05:11 PM
Jerryb Jerryb is offline
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Re: Pre 1923 Public Domain Images

hi,

1923 doesn't say much... what do you base that on?
generally with old pictures it 70 years after the death of the owner.. butthe copyright can be renewed... so how do you know if the picture is in
publick domain yet!!

when in doubt you always ask the webmaster of the site of where the picture are taken from.....

now many sites have a copyright statement on the use of not just old pictures but any pictures.... and i would look for that and see under what
conditions you can use the pictures....

I am into geneology and always hit site with old pictures and the vast majority of them will allow copyrighted pictures to be copy and used as
long it for personal use but sellling or used in a business envirornment is prohibited unless you have permission ...

this is a typical statement
""
~ COPYRIGHT NOTICE ~
please remember that all photos on this site are copyrighted by their submitter
do not "contribute" the material (including lists and/or photos) located on this site to other websites
You may print or save this file to your computer for your personal use ONLY. Any other use of this material requires consent of the original contributor who retains copyright on their submitted material

THIS MATERIAL MAY NOT BE REPRODUCED IN ANY FORMAT FOR PROFIT OR PUBLICATION BY ANY ORGANIZATION OR PERSON
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Old 03-12-2010, 05:32 PM
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0lBaldy 0lBaldy is offline
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Re: Pre 1923 Public Domain Images

General information, RetouchPRO FAQs :

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.
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  #6  
Old 03-12-2010, 05:32 PM
jllinko jllinko is offline
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Re: Pre 1923 Public Domain Images

I base it on this

http://www.loc.gov/rr/print/195_copr.html

and many other sites I have seen, which state, all pre 1923 images are public domain, period. If I have the original, I can scan it, take a picture of it and do with it what I want, even resell it for profit.

The question is can I copy someone else's copy. The previous posted site says I can as long as it is an exact copy of the original with no serious alterations. But I'm no lawyer, so I could be full of it, thats why I'm here.
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Old 03-13-2010, 09:51 AM
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Steve Conway Steve Conway is offline
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Re: Pre 1923 Public Domain Images

Quote:
Originally Posted by jllinko View Post
I want to start a personal web site about the history of my small local county. It is my understanding the pre 1923 photos are public domain. But can I copy and use pre 1923 photos that appear on websites that sell these old photos without paying them? Or, I have a copy of The History of Knox County, published in 1881. But the copy I have is not an original, it is a 1974 reprint. Can I copy images from it? In other words, can I copy and freely use a modern copy (paper or digital) of a public domain photo?

Thanks, jllinko
There are two things that I would consider doing here....Contact the publishers of the 1974 copy of the history of the county and ask permission for use of the photos etc. They probably will be happy to give you permission if you mention your source. Or if your state has a historical photo archive you can use most anything you find there. But just to be safe, ask for permission here also.

Most people get in trouble when they use photos for commercial purposes without permission.

Steve C.
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