Can I copyright old family photos inherited from parents?

http://www.copyright.gov/eco/

You will definitely need to work with an experienced copyright attorney on this. Here is some background information on Copyright Law that I think will be helpful: 1. Copyright exists in an original work of authorship as soon as it is fixed in a tangible medium of expression. In other words, copyright exists as soon as a person types a poem in his computer’s word processing program, paints a painting, or takes a picture. 2. Except for certain circumstances, the owner of the copyright is usually the person who created the work. 3. Registration with the Copyright Office is not required to obtain copyright protection. As explained above, the copyright exists as soon as the original work of authorship is fixed in a tangible medium of expression. There are many advantages to registration (for example the ability to bring a lawsuit in federal court for copyright infringement), so it is often highly recommended. 4. Copyright rights do not exist forever. Copyright rights eventually expire. When the copyright expires, the artistic work passes into the public domain where it is free for anyone to use, copy, make derivative works, etc. 5. How long a copyright lasts depends on many things, and determining if a work has passed into the public domain can be time consuming and confusing. As a general rule, all works that were “published” before 1923 have passed into the public domain. If a work was “unpublished,” it will have passed into the public domain only if it was created before 1892. 6. “Published” is a term of art in copyright law. "Publication" is the distribution of copies of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. 7. Possession of a work of authorship does not mean that you own the copyright to that work. Just because you possess the photos does not mean you own the copyright rights in the photos. Ownership depends on many things and ownership of works that old may be affected by wills, etc. So, I think that the questions you are really asking are: a. Can I register these works with the Copyright Office? And if so, in whose name? b. Can I post these photos on ancestry.com and other websites without violating anyone’s copyright? c. Can I publish a family history book using these photographs without violating anyone’s copyright? d. Can I register my copyright in the family history book using these photographs? e. And a myriad of other questions. Again, you will have to work with an experienced copyright attorney to answer all of these questions (and others). She will need to determine whether each photograph is in the public domain or still protected by the copyright laws and to do so, she will need to know whether each photograph was “published” or not. I hope this was helpful. Best of luck!

You might copyright a "compilation" of such photos, but not the photos themselves. You might add text and copyright a family history book containing the photos. Those copyrights occur automatically, upon creation. You will want to register the book, and you should do it through an IP attorney, as there are a number of other issues you have that you have not mentioned, not the least of which is whether or not you actually "own" these photos or whether they are now public domain. Now as to the law: First, copyright is not something you do, it is something that "subsists" [ read the third word of 17 USC 102] http://www.law.cornell.edu/uscode/text/17/102. Second, since "filing an application for copyright registration" is what you really mean, do not think you should simply go to the website and register someone else's work. That is only true if the applicant is either the author or the claimant (one asserting ownership) and the items are not already in the public domain. Finally, if these photos were published prior to 1923 as asserted, it is too late to copyright the photos themselves. There is a way to accomplish what you want, however, and that is to see a copyright attorney (aka IP attorney) and get this cleared and protected legally and properly so you pre-empt any legal claims by others.