Copyright for images of deceased photographer?

My father has an amazing collection of 35mm slides and negatives from the 1940s and onward. He arrived in the Yukon in the 1950s and documented his adventures. The images are of good quality. Dad is no longer alive.

The slides have been well-stored for decades. I'm sorting through and cataloguing them. I've shared a few with others. His images are generating interest and I'm receiving requests for digital versions. A well-known magazine is also asking if they can print an article highlighting Dad's images.

Many are landscape shots but there are also people shots, including Pierre Trudeau's visit to Whitehorse in 1970. And a visit by the Queen to British Columbia in 1959.

So I wonder:

-- Who owns copyright on his images? If I inherited the images, does that mean I inherited the copyright too? Do I need to register copyright?

-- What should the copyright text be with the digital images (I'm scanning these myself and will provide digital files specific to each intended use).

-- Are model releases required for historical photos if the subjects are still alive? Is it different for private vs. public individuals?

Are there other items I need to consider?

Any and all help appreciated! I surely wish to honour my Dad's work appropriately.

Quick answer:

In the US it's 70 years after death -
http://www.copyright.g​ov/help/faq/faq-duration.html

In Canada it's 50 years after death -
http://www.slideshare.​net/Rozy65/copyright-in-canada

Naturally, there are additional questions that probably should be asked, such as: Were the images previously licensed or sold; have the images been registered; are there any other claims on the images (from other descendents); etc.; etc.;.

Best bet might be a copyright attorney - it shouldn't be more than a 30 minute conversation to uncover any potential issues and avoid any problems down the road.

Images were not previously licensed or sold. Dad was photographing as a hobbyist and someone who was keenly interested in the north. After his marriage, his priorities changed and his images were packed away.

The images were not registered ... have been stored for 40-50 years. Dad hauled them around as he moved here & there, but never revealed them to others. Not even his immediate family! I recently moved and hauled the box of images with me and decided it was time to sort through it, five years after dad died. Little did I know what I was about to reveal!

I am the only living descendent. My mother and brother are also dead.

Next question because it's very interesting... Do images need to be registered within 90 days of taking them, or within 90 days of first publication? It would seem the OPs images were never published, so he should still be able to register them, correct?

Sue, you need to check first to see if current Canadian copyright law specifically covers earlier works. If not, then they are governed by the Canadian copyright law in effect when the works were produced.

In the US, the laws for works created prior to 1978 and then again prior to 1987 have some drastic differences because those were the years the US stepped up copyright protection to something close to the >100-year-old Berne Convention...but the current US copyright law does not cover works created before new elements took effect in 1978 and 1987.

mikeinctown wrote in post #14612012
Next question because it's very interesting... Do images need to be registered within 90 days of taking them, or within 90 days of first publication? It would seem the OPs images were never published, so he should still be able to register them, correct?

In the US, works produced after 1987 can be registered under the rules of the current copyright law. Works prior to that are governed by the law in effect at the time they were created.

But generally, the answer to your quesition is "probably, yes."

sue.t wrote in post #14611512
-- Who owns copyright on his images? If I inherited the images, does that mean I inherited the copyright too?

His estate, until the executors have dealt with everything and then the copyright passes to whomever he bequeathed the photos to. If you are the only heir then it passes to you. If there are multiple heirs and if no special mention was made of them, then I believe it is ultimately up to the executors to decide how the estate is divided between any heirs.

There is is a voluntary registration system in Canada (http://www.cipo.ic.gc.​ca …ic.nsf/eng/h_wr​00003.html) but, unlike the USA, there are minimal/no real benefits to registration. A certificate of registration can be used as evidence of ownership - but then a well organised photographer could prove ownership anyway. Unlike the USA there are no additional monetary benefits (statutory damages) that you benefit from by registering.

However, as the USA may well be a large market for your images, it may well be worth looking in to registering copyright there.

Copyright [year photo taken] [your name]

There are two issues; the law and buisness.

The law - firstly I haven't been able to find any source that says a model release is needed in Canada. If someone can point me to a reliable source that would be great. Secondly model releases are only needed if someone intends to use the image for "commercial use" See https://photography-on-the.net …hp?p=14599636&p​ostcount=8 for a definition of commercial use.

Suffice it to say that you don't need a release to sell prints of the photos or a photo-book containing the images, or display prints in a gallery. Nor do you need one if you sell the image to a newspaper for editorial use. If Heinz approached you wanting to use one of your images on a can of their new range of olde style "Yukon Gold baked beans", they would need a model release. It isn't the sale of the image that requires a release but the use of the image.

Business - Most stock photo companies require model releases regardless of what the law says. They aren't interested in taking risks so they want a release for any image with people in being licensed for commercial use, regardless of where it was taken.

However they will license images just for editorial (IE non commercial use) and your images would seem to be ideal for that.

Dan, thank you for the detailed response. Much appreciated!