Re: Re: Re: Copyright in Old Photos
[ Follow Ups ] [ Post Followup ] [ Copyright Forum ] [ FAQ ]
Posted by M. Arthur Auslander on August 20, 2001 at 23:24:12:
In Reply to: Re: Re: Copyright in Old Photos posted by Don Wheeler on August 20, 2001 at 14:47:02:
: : : Does copyright subsist in 2001 in a photo of which prints wre sold or given away prior to 1960 if copyright was never filed with the Copyright Office nor renewed after 28 years?
: : Dear Mr. Wheeler,
: : It would have to be checked, but I think, at this point that there is no availaable protection.
: : M. Arthur Auslander
: Dear Mr. Auslander:
: Thank you for your response. Is there a "magic date" to this? In other words, if the first print was sold or given away in 1965, or 1970, would the answer be different? Understanding that the photos in question were never published in print media.
: Tom Wheeler
Dear Mr. Wheeler,
The cut off date is 1923. "Publication" is the likely issue. My recollection of the old law is that in the 60's publication without a copyright notice waive rights. About that time there was a 5 year recoop period. Unpublished works have about 95 years in which to be published.
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
The Intellectual Property Law Server
Old Copyright Forum