You don't have to register an image to have copyright... It is a "given" when the image is created. That being said, you will typically have more "teeth" legally if you register copyright your images. Typically, copyright extends to the life of the creator (and in this case...) 50 years before it falls into the public domain. Now, it's 80 years, if I remember correctly (Specifically, the Bono Bill, introduced by Sonny Bono shortly before his death and passed afterward). So, my guess is that if the image was made in the 1940's, you should be OK. To ensure that's bulletproof, check with a lawyer who practices copyright law. Good luck with your project! Mark Lent -----Original Message----- From: owner-photoforum@xxxxxxxxxxxxxxxxxx [mailto:owner-photoforum@xxxxxxxxxxxxxxxxxx] On Behalf Of James Schenken Sent: Wednesday, August 25, 2010 10:58 PM To: List for Photo/Imaging Educators - Professionals - Students Subject: RE: copyright question Mark: Disclaimer - I'm not a copyright expert but have some information. Mileage may vary - End of disclaimer In your case, it is unlikely that the photo in question was ever registered for copyright. That's an expense that most family portrait photographers never did and don't do now. The reason that that is important is that registration brings on statutory damages for infringement. And they can be substantial. If it was never registered, then the damages must be actual, provable damages. In this case, since all of the principles are dead, proving actual damages will be quite difficult. So, it's a gamble to proceed but not a really big one. Here is a reference to a nonprofessional's understanding of when things get into the public domain at a site from Cornell University. http://copyright.cornell.edu/resources/publicdomain.cfm Hope that helps. James -----Original Message----- From: owner-photoforum@xxxxxxxxxxxxxxxxxx [mailto:owner-photoforum@xxxxxxxxxxxxxxxxxx] On Behalf Of mark@xxxxxxxxxxxxxxxxxxxx Sent: Wednesday, August 25, 2010 11:42 PM To: List for Photo/Imaging Educators - Professionals - Students Subject: copyright question Well I have the typical problem. I have an old family photo that I would like to use on a book cover. Trouble is that it was a professionally done photo. There is no one left alive that knows who took it. It was probably taken in the 1940s to very early in the 50s, so it think it may already be public domain. Then again it may not be. The people in the photo passed away in their 70s 25 years ago so the odds are no one would ever say anything, but then again. I don't remember how long it takes to have a photo fall into public domain, and if it isn't is there a current procedure that would allow its use? It's not like I have tons of choices, but there may be some. This one just seems to be the only known photo of the people during their youth. All others show them much later in life. Any copyright experts? Thanks in advance. Mark
