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Old Photos and the Law

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May 3rd 2002#45304 Report
Member since: Apr 7th 2001
Posts: 366
Okay I recently purchased a huge a mount of old photos) 1915 on to about 1960s) from a Flea Market for $5 bucks. Now some of the photos are priceless with little children in cute poses and I'd love to be able to make cards with these pictures on them. Now for my question, who legally own these photos?? If I was to put them on cards and say sell them, can I get my butt taken to court?? The person who took all the photos I'm sure is long since deceased as the photos smell like an old ladies perfume and they are really old.

Let me know.

Kay
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May 3rd 2002#45305 Report
Member since: Apr 7th 2001
Posts: 366
Okay now how about being used as free online pics?
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May 3rd 2002#45307 Report
Member since: Apr 20th 2002
Posts: 3000
Children on the net? I don't think that it's advisable. But if you have really good stock photos, you can post them on the net, you technically paid 5 bucks for it, you own it.
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May 3rd 2002#45308 Report
Member since: Apr 7th 2001
Posts: 366
But can the people or family of who is in the picture come after me?
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May 3rd 2002#45309 Report
Member since: Apr 7th 2001
Posts: 366
Oh and none of the children are children anymore. They have to be at least 30+ now
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May 3rd 2002#45372 Report
Member since: Nov 14th 2001
Posts: 1297
kayflash, I think it's like this:

you bought them, so they are yours. Pretend they are anything else, a car, a sweater, a hat, a dog, etc. - makes sense right?

my father is a photographer, he had to legally keep negatives and proofs for a certain amt. of time. I'll check with him and see what the law is.
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May 3rd 2002#45376 Report
Member since: Mar 18th 2001
Posts: 1690
Children on the net? I don't think that it's advisable. But if you have really good stock photos, you can post them on the net, you technically paid 5 bucks for it, you own it


Sorry guys, it doesnt work that way. This is how it works. I know this part of copyright law mainly cause I deal with it everyday where I work. People want to make copies of pictures taken by professional photographers and they don't realize that even if they paid for the "pictures" they don't own the rights to them. The photographer holds all rights unless he gives you a copyright release.

Here's the loophole. Any photo, written text or artwork is the intellectual property of it's designer/writer/photographer. The copy right lasts his/her entire lifetime. After this person dies, the copyright lasts another 50 years.

I would say if they are from the early 1900's, they shouldn't be a problem. Just remember, just cause you pay for something, doesn't mean it belongs to you.
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May 3rd 2002#45390 Report
Member since: Nov 14th 2001
Posts: 1297
i thought kayflash bought the negatives and all.

here's an idea. put a "by line" on the back of your cards. "photo by dead guy"... or whatever.
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May 4th 2002#45499 Report
Member since: Mar 18th 2001
Posts: 1690
It doesnt matter what she bought. Unless you have a straight forward agreement that whenever you purchase photos from a professional photographer, he/she still has copyright.
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May 4th 2002#45526 Report
Member since: Mar 27th 2001
Posts: 2237
Ax is EXACTLY right.... We do reprints all the time on books that have "just" come out from under copyright.
Kayflash <-is a he not a she
More than likely, you are safe doing whatever with those photos. If they are pre1950 or so
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