We are conducting research for a Centennial book related to the Huntington Lake-Big Creek Historical Society, and we are interested in photographs taken in the mid to late 1800s. However, we are unsure who owns the copyright - the photographer passed away in 1988. How do we go about finding who has it, or is okay to use some photographs (it would be only a few) A note about the book: it is a non-profit organization and all profits will go to fund the museum at Huntington Lake.
L. Maxwell TaylorLitigation LawyerMiddlebury, VT ·
You say the photographer died in 1988, but then you say the photographs were taken in the mid- to late-1800s. You seem to be saying the photographer took these pictures ninety or more years before he died. That can't be right. Would you check the date of the photographer's death and then restate it here?
The number of photographs you wish to use and the profit or non-profit status of your organization are not relevant. The question is whether the underlying works you want to reproduce are in the public domain or are still protected by copyright.
If the photographs were taken after January, 1978, then copyright endures for the life of the author (photographer) plus seventy years. If the photographs were taken after 1909, but before 1978, then the calculus is much more complicated. Generally, if a photograph was taken prior to 1923, it is in the public domain and can be reproduced.
You need to consult with a copyright attorney regarding each particular photograph, however, to ensure that your information, analysis and computations are accurate. When you do, you can also consult him or her regarding the possibility that, even if the photographs continue to be protected by copyright, the use you propose to make of them will qualify as a "fair use." You have not given sufficient facts to enable even a cursory analysis to be done.
Disclaimer: This answer does not establish an attorney-client relationship or constitute legal advice. It is for general informational purposes only.
Go to copyright.gov to check if the photographs are registered with the copyrtight office. You can probably check under the photographer's name.
If they are registered, then you will have to do research to find the photographer's heirs. Sometimes copyrighted works are managed by licensing companies (usually assigned by the author to exploit the photographs.
Basically, you need to do research to trace who is the current owner of the copyrights.
