Copyright question

Ed_L · #1 08-13-2001, 10:39 AM

Doug,

I have a few 8X10 glass portrait negatives from 1930 - 1932. These were discarded from an old building that was being torn down, and a portrait studio was once housed there. The owner of the studio has been deceased for a while. I was thinking of scanning them for the archives, or possible for a challenge if they need work. Are we okay as far as copyrights go?

Ed

Chris W. · #2 08-13-2001, 12:15 PM

Ed,

It is my understanding that as long as the portrait studio is no longer around that you are free to copy the pics. I could be wrong but this is what I've been told.

Ed_L · #3 08-13-2001, 12:25 PM

Hi Chris,
Thanks for the reply. Since you're not sure, I'll wait to see if I get another response. Does anyone know how long the copyright is good for? I'm thinking 50 years?? If that's the case, we're okay with the time period.
Ed

Doug Nelson · #4 08-13-2001, 12:38 PM

Ed:

I'd not only love to have the portraits for the archives, but I'd be very interested in hearing a report on your experiences with scanning 8x10 inch glass negatives.

I'm pretty sure there's no copyright problem, but perhaps others here can be more specific. I know a tiny bit about intellectual property copyright, but nothing at all about visual likeness copyright.

Ed_L · #5 08-13-2001, 12:56 PM

Hi Doug,

I never even thought a possible problem scanning the negs. I'll try one or two, and let you know if there was a problem. If there is, maybe I can do a little copy work with my digital camera.

Ed

Doug Nelson · #6 08-13-2001, 01:38 PM

A little web research indicates that with an indidual's likeness, it's not a case of copyright, but of publicity and privacy. My general take is that, as long as we're not using them commercially and not making fun or ridiculing, our usage is OK.

DJ Dubovsky · #7 08-13-2001, 05:13 PM

Ed,
I heard that with copyrighted photos it was 50 years. Besides that should only apply if you're using them for gain of some type. It shouldn't be a concern for what we do here. We aren't paying to use these photos. It's a good question to look up though. I had a stereoscope image dated 1906 that I used as an example on my website. Can't even imagine someone still alive to sue me after that long.

DJ

Ed_L · #8 08-13-2001, 07:15 PM

Now you tell me you're not gonna pay me after I sent in about 30 photos??

I was thinking the same as you about the 50 years, although I couldn't remember for sure. And since we're using them for educational purposes, I *think* we might get by with using just about anything. But that's another story.

Ed

thomasgeorge · #9 08-13-2001, 08:31 PM

Dj, I've heard tell that in certain metropolitan areas the dead vote on a regular basis. Never heard of 'em suing though. Tom

DJ Dubovsky · #10 08-13-2001, 08:55 PM

God I hope not Tom. LOL

DJ