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Restoration Vs Copyright Laws. Any thoughts?

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  #1  
Old 09-01-2009, 04:20 PM
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Jack The Ripper Jack The Ripper is offline
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Restoration Vs Copyright Laws. Any thoughts?

So i was on Nikoncafe.com and saw a thread that made me wonder about this.

Some dude has a friend who's mother died. He had some old photos of hers that were in bad shape, and he took them to walmart to have them scanned and printed. The photos were about 40 years old.

Walmart refused to touch them because they dont have the Photog's permission to print his work.

The photog very well may be dead, yet, the copyright lasts apparently 70 years AFTER the photogs Death.

So, all you Restoral artists, how do you deal with these laws?... i know, avoid walmart right? i do. walmart printing sucks butt.

never the less, adise from paaying for the printer and expencive-ass ink, if there any kind of loophole for photograph restorations that allow new prints of the damaged material?

Ive had great luck with Adorama and thier printing service, they have neve ruestioned me, then again, ive never asked them to print other peoples photographs either.
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Old 09-01-2009, 04:48 PM
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Re: Restoration Vs Copyright Laws. Any thoughts?

If you are dead you no longer hold the copyright, your heirs do. If no heirs are named the State determines.

ps: WalMart lol
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Old 09-01-2009, 05:14 PM
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Re: Restoration Vs Copyright Laws. Any thoughts?

yah, i had a bunch of pics printed up at walmart years back. they did a horrible job.

i use Adorama now. they kick ass.


None the less, the copyright lasts 70 years after the death, no printing service is going to contact the state, if you have no idea who the photog was in the first place, i guess you are at the mercy of the printing service

i was wondering about restoration though, if you fix the colors, patch up the tears, folds, and fill in the missing pieces, then can it still be considered the origional image?

who holds the rights at that point?
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Old 09-01-2009, 06:16 PM
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Re: Restoration Vs Copyright Laws. Any thoughts?

Quote:
Originally Posted by Jack The Ripper View Post
i was wondering about restoration though, if you fix the colors, patch up the tears, folds, and fill in the missing pieces, then can it still be considered the origional image?
who holds the rights at that point?
I do not think repairing a photo changes the copyright. The status of the copyright is your responsibility if you are thinking of using it.
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Old 09-01-2009, 06:29 PM
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Re: Restoration Vs Copyright Laws. Any thoughts?

maybe im not getting the right question across.


For those who professionally restore photographs,

If you are restoring old family photos that are 30-50 years old for a paying client, in what format do you provide the finished product to the customer?

What do you need to watch out for on those 50 year old photographs taken by an "probably dead unknown professional" that you will never be able to track down because nobody knows who the hell the photog was, or any way whatsoever of tracking them down?

Have you run into problems with the printing service rejecting the order?

or do you just print them up yourself to deliver to the client?


im not talking about taking a 50 year old photograph and using it for promotional purposes. Im wondering if copyright laws ever caused a problem for delivering the product to the customer.
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Old 09-01-2009, 07:01 PM
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Re: Restoration Vs Copyright Laws. Any thoughts?

Have you run into problems with the printing service rejecting the order?

Yes, one time I typed out the 'Declaration of Independence' and had trouble getting anyone to print it. This is a public document and shows the misconceptions out there on copyright. Copyright is to protect against loss of income, which none of or questions apply to. Maybe someone else could gave examples of the legality of the restoration of commissioned photos held as private property.
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Old 09-01-2009, 07:12 PM
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Re: Restoration Vs Copyright Laws. Any thoughts?

no, i have not personally, but it is not unheared of for printing services to reject orders for that reason. Check out the camera forumboards and do a quick search you will see plenty of instances of that happening, and the refusal even stands when the photog informs them it is thier picture, shows them thier camera, thier business card, etc... lol...

sometimes i have real crap luck, and i figure that is the kind of thing that would bite me in the ass.

i do a restoral job, they client is happy, they put the pic in a frame in thier office, a co worker (who just so happens to be the son of the photog) sees the pic and recognizes it for a pic his father professionally took, they find out the person hired a restoral artist to fix the image and ordered several prints, then opens a lawsuit against me for copyright infringement.

lol

i know, far fetched, but if people do photo restoration for a living they risk this every day unless they are covered by something.

i just like to have my bases covered
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Old 09-01-2009, 09:51 PM
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Re: Restoration Vs Copyright Laws. Any thoughts?

Man, you are way over thinking!!!
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Old 09-01-2009, 09:53 PM
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Re: Restoration Vs Copyright Laws. Any thoughts?

i tend to do that.
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Old 09-04-2009, 12:09 AM
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Re: Restoration Vs Copyright Laws. Any thoughts?

ok, i'm stepping in here because i see a couple wrong or incomplete answers here. i cannot say this often enough or loud enough... DO NOT TAKE LEGAL ADVICE FROM PATRONS, MEMBERS OR ANYONE ELSE HERE!!! GO READ THE COPYRIGHT LAWS!!! GET YOUR INFORMATION FROM THE SOURCE, NOT SOMEONE WHO HEARD FROM SOMEONE ELSE WHO GOT IT FROM HIS FRIEND WHO KNEW SOMEONE AT THE PATENT OFFICE WHO KNEW SOMEONE IN THE COPYRIGHT OFFICE!!!

seriously, folks, you need to read the law, not someone else's interpretation of the law. copyright law for the united states is freely available and official, here: http://www.copyright.gov/ .

you might be surprised by what you find there.

folks, i do want you to talk about copyright. this is a good thing, but get the source material and quote it and show the links to the page you got it from. heresay law can get you in trouble. get it right; get it from the source!
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