Copyright Law Questions

[robb01]

I'm starting a new series of photographs where I will be taking an old photo or postcard of a building in town. Then taking a photo of the same building, and merging aspects of the old and new together.

My question to copyright is, who would own the copyright of a historic postcard or photo? The photo part is easier, but I have a bunch of old city postcards that I would like to scan in and use for this project, but am unsure of how to obtain permission to use them, or even if I need it. Thanks

 

[Big Mike]

I'm no lawyer, but I'd say that yes, that would be a copyright violation.

 

[robb01]

Well, from further reading anything published before 1923 would be in the public domain. The postcards in question are all over 100 yrs old

 

[Big Mike]

I thought that photos were copyrighted for 100 years after the death of the photographer.

 

[robb01]

Okay, found a pretty good resource from Cornell, Copyright Term and the Public Domain in the United States

 

[KmH]

I thought that photos were copyrighted for 100 years after the death of the photographer.

It's my understanding that in Canada, it's for 50 years after the copyright owner's death. Here in the US, it's for 70 years. It is longer if the copyright is owned by a corporation.

robb01 is correct that here in the US, anything copyrighted prior to 1923 is now in the public domain and is free game.

Edit: and thanks for that link robb01.

 

[JadeaDragon]

^^ actually that may not be correct if the work is in estate being republished as current work. aka registered in current terms, even if the original was taken years ago. It could be copyright until 2047.

copyright.gov
U.S. Copyright Office - How Long Does Copyright Protection Last? (FAQ)

 

[KmH]

I don't think so. See Circular 15A http://www.copyright.gov/circs/circ15a.pdf

Effect of 1976 Act on Length of Subsisting Copyrights
The 1976 Copyright Act carried over the system in the 1909 Copyright Act for computing copyright duration for works protected by federal statute before January 1, 1978, with one major change: the length of the renewal term was increased to 47 years. The 1998 Copyright Term Extension Act increased the renewal term another 20 years to 67 years. Thus the maximum total term of copyright protection for works already protected by January 1, 1978, has been increased from 56 years (a first term of 28 years plus a renewal term of 28 years) to 95 years (a first term of 28 years plus a renewal term of 67 years). Applying these standards, all works published in the United States before January 1, 1923, are in the public domain.​

I believe you are referring to:

Works in Existence but Not Published or Copyrighted on January 1, 1978
The law automatically gives federal copyright protection to works that were created but neither published nor registered before January 1, 1978. The duration of copyright in these works is generally computed the same way as for works created on or after January 1, 1978: life plus 70 years or 95 or 120 years, depending on the nature of authorship. However, all works in this category are guaranteed at least 25 years of statutory protection. The law specifies that in no case would copyright in a work in this category have expired before December 31, 2002. In addition, if a work in this category was published before that date, the term extends another 45 years, through the end of 2047.​