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[sydcea]

I purchased a set of fashion photographs from the late 1950s or early 60s. I was told who the photographer was but there is no signature on any of them.  From a different seller, I also purchased a set of fashion illustrations from the 60s-70s with the same set of circumstances. I did find the obituaries and both died without direct heirs. In both cases the sellers said they were done for certain department stores.

Again in both cases they could be sold 'as is' but they need to be Photoshoped to really make them sellable. If possible I would like to make multiple prints from them to sell.
In the case of the photographs the seller said that his photographs had been give to a museum and what I bought were the discards.

The illustrator is much more famous and there is a company that licenses his work or some of his work. I would guess it could only be certain images and not anything he every drew. In addition Parsons school of Design has 800 images of his in their archives. The drawing were proofs for publication with marks and whiteout etc.

This is rathe a long question and I appreciate any advise.

[artchain]

This is a common question.  The photos and illustrations are effectively "orphan works."  Although you know who created them, you don't know the circumstances of their creation, who owned the rights originally, whether they were ever published, etc. 

I don't think anything you have said would preclude them being protected by copyright, unless, for example, you could prove that they have been published without a copyright notice during certain periods of time.

So assuming they are protected by copyright, you would be violating that copyright by republishing them.

It sounds like there is at least one company that may have a commercial interest in some of this work, and may take legal action if they believe they own the rights.

It comes down to the level of risk you are willing to take, but I don't think anyone can give you a "go ahead." 

[chugan]

I agree with Artchain.  You own the photographs themselves, but not the right to reproduce them or make derivative works...unless they are public domain.

Chris

http://nashbillies.wordpress.com/