Copyright and Old Photos

[CowgirlMama]

My mom and I are scanning all our family photos, from 1919 to about 2005. Most are family photos, but a few are professional. Most of the professional photos don't have enough information on them for me to identify where they were done. One had the company and address, but didn't show up in a Google search. A couple are Olan Mills.

So, the question is, what is the legality of printing for scrapbooks (just for family) and posting on Facebook? I know you're not really supposed to do that kind of thing with the more current stuff. Is there a guide for knowing what's ok? I mean, these photographers are mostly dead, so I can't contact them for permission. What about photographers who've gone out of business? (My aunt's wedding photographer closed a few years ago and contacted clients to tell them if they wanted any of the photos they hadn't purchased before, they needed to get them now because she was trashing the negatives.)

Most pictures in the last 15+ years are taken by someone in my family, so my childhood and my cousins' are pretty much clear. I'll skip the few professional portraits. Before that, though, there *are* some professional photos. Some people, *all* I have is a professional photo because it was far enough back that not everyone could afford to have a camera and take pictures.

 

[Light Guru]

Lol you are working to much you will be just fine to use them as you described.

 

[CowgirlMama]

I've had places freak out at printing photos that weren't actually professional. They just thought they were. The Olan Mills photos have the stamp, even 50+ years ago.

 

[KmH]

Copyright law of the United States - Wikipedia, the free encyclopedia - Scroll down to Public Domain

Fair use - http://www.copyright.gov/fls/fl102.html

Another reference - Public domain - Wikipedia, the free encyclopedia

In the United States, determining whether a work has entered the public domain or is still under copyright can be quite complex, primarily because copyright terms have been extended multiple times and in different ways—shifting over the course of the 20th century from a fixed-term based on first publication, with a possible renewal term, to a term extending to fifty, then seventy, years after the death of the author.

 

[vintagesnaps]

I wouldn't think it would be a concern to have copies made of photos for scrapbooks as that would seem to be for personal use. I would think it would be more of a concern if the photographer's or studio's name is on the photo and the studio is still in business.

If a photographer is no longer living I suppose the copyright might go to the descendants but that might not be an issue unless a photographer's studio/business was taken over by another family member. If a studio has gone out of business I don't know what happens to the copyright, if it might expire at that point or not. There's info. on sites of photographers organizations like ASMP but I don't remember offhand seeing anything about copyright going back a good number of years.

For photos that were taken by your family but the place you take the photos has a question about copying them, maybe there's a way you can verify that the photos were taken by family members and belong to your family - maybe take along original negatives? or the original photos that were printed on traditional photo paper? I'm not sure what they'd accept, and maybe you'll have to check out various labs.

Have you considered printing your own for those photos that have a studio name on them or that may still have a copyright? I don't know if anyplace would make copies of those.

I would find it could be a concern posting the photos on Facebook or other websites. If your family took the photos it would be up to you what you do with them; if they're copyrighted that could be a concern if you don't know where they could potentially end up. It depends on what's in the Terms & Conditions re:usage; on many sites (incl. social media) by posting your photos it could allow the site to allow third parties access to your photos. I don't know why they'd want family photos, but apparently a third party might find photos that will be usable for them for advertising purposes etc.

 

[KmH]

Here the US - U.S. Copyright Office - How Long Does Copyright Protection Last? (FAQ)

 

[Bulb]

Unless the copyright was transferred to the recipient of the photo, the copyright will last until 70 years after the photographer's death or, if it's considered a 'work for hire', 95 years after publication or 120 years after its creation. Whichever ends first.