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02/29/2008 05:20:15 PM · #1 |
Hello,
I have a lady who has asked me to restore two school photos of her children. These photos are about 20 years or older and I was wondering how copyright affects the legality of restoration work?
The original photo is not being altered...I'm just bringing color back into it and removing paper wrinkles, etc. |
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02/29/2008 05:24:22 PM · #2 |
| THe copyright of the photographer is good for a 100 years any reprints legally would have to have their permission, but chances are no one will give a hoot.. |
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02/29/2008 05:33:43 PM · #3 |
Originally posted by electrolost:
The copyright of the photographer is good for a 100 years any reprints legally would have to have their permission, but chances are no one will give a hoot.. |
Really? Copyright in literary works, for instance, is the author's life plus 70 years under the Berne Convention. I very much doubt that rights in photographic works are 100 years but am open to being persuaded if the right citation is provided.
For non-commercial usage there are probably no issues. For exploitation as stock imagery, then copyright does apply - if the photo is still within the copyright term - and that copyright stems from the original creator. What you would be producing is an image based on derivative rights. |
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02/29/2008 05:40:17 PM · #4 |
| could you explain derivative rights a bit more? Would I be able to use these as an example of my restoration work so long as it is noted I only did the editing work. |
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02/29/2008 06:56:42 PM · #5 |
Use an an example of your editing skills is classed as non-commercial, in that you are not selling the edited image. I is acting as a reference to your skills. If you also have some words from the current photograph owner saying how happy they were with the job it would be nice.
Derivative works stem from an original work. Sometimes the derivative is more valuable - such as when a book is made into a movie. Usually derivative rights refers to something small - stationary designs, for instance.
If you want to put your edited photo on your web site as a reference to your work, I suggest you ask the person for whom you are doing the editing. They should not have any problems with that. If the photographer is still alive, then ask the current owner of the photo to speak with that person and get permission. |
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03/01/2008 01:57:34 AM · #6 |
copyright web page
Duration of Copyright Protection
Works Originally Copyrighted On or After January 1, 1978
A work that is created and fixed in tangible form for the first time on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author’s life plus an additional 70 years after the author’s death. In the case of “a joint work prepared by two or more authors who did not work for hire,” the term lasts for 70 years after the last surviving author’s death. For works made for hire and for anonymous and pseudonymous works (unless the author’s identity is revealed in the Copyright Office records), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is less.
Since they are school phots I belive they would fall under works for hire and would be protected for 95 years. School photos are published in a yearbook. I am assuming I am not a lawyer so I could be wrong. I know one time I was at wal-mart and some old lady was trying to get a picture copied from 1943 and they would not do it because the photographers name was stamped om the back and they need his permission or so they said and would not let her make a copy. But then again they could be wrong. Who really is gonna care or even know about some school picture from the 80's being copied.
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03/01/2008 11:40:15 AM · #7 |
Like  electrolost said, the pictures are still copyrighted. If you got permission to modify the pictures from the copyright holder, then you would hold the copyright to the modified version. I remember this from a copyright seminar I went to when I was a musician. It's the same as writing an arrangement of a song.
So, if know who the original photographer is and can find them, getting written permission would be the best course. I sincerely doubt that the photographer would turn down such a request. If you can't find the photographer, for whatever reason, I seriously doubt there would ever be a problem with doing this, or with putting the result on your website. The worst case scenario is that the original photog recognizes his work and asks you to take it down. |
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03/01/2008 10:16:36 PM · #8 |
Thanks everyone for the advice and info. I don't know how to contact the original photog, there is no watermark on the front nor a stamp on the back. These are definitely grade school photos(1.5in x 1.5in) and the subjects are currently in their late 50's so I should be safe.
Message edited by author 2008-03-01 22:17:12. |
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