Old Photos and Copyrights

[Mark_48]

A few weeks ago I set about scanning pictures from our wedding album (about 30 years old) and creating a video slide presentation with music. My wife loved it (hugs, kisses, and tears - next best thing to bringing home flowers!!). So much so, she mentioned it to a few people where she works. Guess what, now people are asking if I can scan their wedding photos into a slide presentation.
As I also do some wedding photography, I know scanning/copying the works of a photographer is a sensitive issue. I guess what maybe isn't clear to me is how long a photographer actually may have copyright to the use of the photos. Is there a statute of limitations of sorts. Not sure how I want handle the requests.

[Avalonthas]

If the people arent buying the slideshows off you then im pretty sure ur safe, as there is no money circulating. If its for money then the risk is urs but the copyright lasts as long as the photo is in existance, so u will have to pay royalty to him if u can find our who he/she is.

[IndyJeff]

Originally Posted by Avalonthas

If the people arent buying the slideshows off you then im pretty sure ur safe, as there is no money circulating. If its for money then the risk is urs but the copyright lasts as long as the photo is in existance, so u will have to pay royalty to him if u can find our who he/she is.

No, a copyright does not last as long as the photo is in existence. If created after Jan 1, 1978 the copyright lasts for the life of the author and 70 years after his/her death. Prior to 1978 it gets a little complicated but the copyright is still in force for 28 years of from date of first publication or date of registartion. In the 28th year the copyright may be renewed for an additional 28 years one time.

If we are talking about wedding photos from prior to 1978, chances are there is no copyright registration, or publication so therefore there is no copyright on those photos.

Most wedding photographers should have contact info on the back of the photo. Call them up and see if the photographer is still around. Ask him if he copyrighted the photos and explain what your doing. If he says you can't do that without paying him, ask for a copyright registration number. Also ask if any of the photos would have appeared in the newspaper. If he can't provide a number or tell you that some of the photos were published, then your good to go.

Still I would consult with an attorney if you find a photographer who objects to your creating the slide shows before preceeding any further.

Now where you may be in trouble is with the music end of it.

[Mike Panic]

rights to photos can also be willed to someone else, in which case they will expire 70 years past that persons death.

when in doubt - www.copyright.gov

[IndyJeff]

Mike the law provides protection of that work for 70 years after the creators death, regardless of any will.

Originally Posted by BlooDog

I thought that the Hicks case pretty much established that the photo need not have a Library of Congress number in order to be considered copyrighted.

That is true for creations after January 1, 1978 but, before January 1, 1978 the creation either had to be published or registered in order to be considered protected. The 1978 revision said that a photo is considered the property of the creator at the moment of creation. Which helped protect peoples work, to a certain extent, without the process of registering the work. It did allow for the creator to own and control the use of that work but, without registering there are limits at which one can collect on judgements. For instance, if you do not register a work and it is used in a magazine, the only judgement you can get is for money lost by that use. If the magazines average rate for a 1/4 page picture is $350, that is what you will get. Nothing more or nothing less. However if it is registered you are allowed to be awarded a judgement for attorney fees along with punitive damages.

Your story about the bride just reinforces that most people either are unaware or just plain don't give a damn about copyright.

You know if I was the guy who was making the videos of wedding albums I wouldn't just quit doing it, I would be contacting WP's in my area offering that service to them as well. I would also still offer that service and make part of the deal that the client had to provide the name and contact info of the WP who did the wedding. There would be a base fee for creating the video and a fee whcih was required by the photographer to use his work. Of course a smart photographer would make the fee very reasonable, like $50 or so. If the WP wanted $500, I would inform the client that the cost would be $500 more because of the Wp. Let the client call the WP and run up one side and down the other about the fee.

[PhotosGuy]

I've been under the impression that people can make copies FOR THEUR OWN USE, & everyone has a scanner + free software is available to compile the slide show. If true, then why not make a CD tut for the B&G showing how to do it themselves?

[Avalonthas]

Ok lemme rephrase that. IF your a Canadian living in Ontario, then the copyright lasts forever. If u live in the states, see ur individual state law book :P.

And since i doubt he will live through the life of the photographer and/or the 70 years after, theoretically for his self, its forever :P

[IndyJeff]

Originally Posted by Bloo Dog

IndyJeff,

I managed to misread or totally disregard the beginning of your post which mentioned the dates.

I stand corrected. I am embarrassed.

THWACK

Any other questions?

[IndyJeff]

Originally Posted by Avalonthas

Ok lemme rephrase that. IF your a Canadian living in Ontario, then the copyright lasts forever. If u live in the states, see ur individual state law book :P.

And since i doubt he will live through the life of the photographer and/or the 70 years after, theoretically for his self, its forever :P

Copyright is a federal law here in the states and is based upon international copyright treaties.

The second part of your statement has me baffled, I have no idea of what your talking about.