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Re: Family Photos

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Posted by M. Arthur Auslander on January 19, 2001 at 13:53:50:

In Reply to: Family Photos posted by E Haupt on January 19, 2001 at 12:06:47:

: I want to copy family photos. Some are more than 100 years old. Several were done in the 60s at a studio that is still in business. Must I get the studio's permission? How long do copyrights on professionally-taken photos last? Thx.

Dear E Haupt,

My present understanding is that all copyright rights in the US before 1923 are in the Public Domain.
There have been recent changes in the copyright law and I think a copyright is now good for 95 year or life plus 70.
The unresearched answer about the photographer is that they have a copyright but it cannot be enforced until it is registered. Thus, and this is both unreseached and disclaimed, if there is no commercial use, any infringement would not be apparent. If there is no challenge the statute of limitations is about 3 to 6 years.
If brought to court it could be expensive but the judge may award damages within a wide scope but might be very low, if the judge is sympathetic. I would not counsel infringement.

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
ELAINE's Workshop (sm)
E arly L egal A dvice I s N ot E xpensive

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Subject: Re: Re: Family Photos

Comments:
: : I want to copy family photos. Some are more than 100 years old. Several were done in the 60s at a studio that is still in business. Must I get the studio's permission? How long do copyrights on professionally-taken photos last? Thx. : Dear E Haupt, : My present understanding is that all copyright rights in the US before 1923 are in the Public Domain. : There have been recent changes in the copyright law and I think a copyright is now good for 95 year or life plus 70. : The unresearched answer about the photographer is that they have a copyright but it cannot be enforced until it is registered. Thus, and this is both unreseached and disclaimed, if there is no commercial use, any infringement would not be apparent. If there is no challenge the statute of limitations is about 3 to 6 years. : If brought to court it could be expensive but the judge may award damages within a wide scope but might be very low, if the judge is sympathetic. I would not counsel infringement. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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Re: Family Photos

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