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DPChallenge Forums >> Photography Discussion >> Copyright of old studio photos
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09/11/2005 09:28:25 PM · #1
A friend of mine is into scrapbooking. She has some family photos dated around 1910. Clearly these are old.

However, the also do appear to have been taken by a professional at the time and in studio environment.

She went to Walmart to make copies to put in some family scrapbooks, and the clerk they would not let her have the reprints as they said they were against copyright laws.

Can anyone clarify this situation?

Thanks
09/11/2005 09:30:30 PM · #2
There is a time limit on the copyright of a photographic image but I can't remember it for the life of me.

It's like 80-100 years...1910 would surely be okay if those values are correct.
09/11/2005 09:56:54 PM · #3
Anything before 1946 is pretty much public domain in the US, but Wal Mart has a policy in place that they are not alowed to make copies of copyrighted materials. Period.
09/11/2005 10:34:04 PM · #4
Originally posted by nsbca7:

Anything before 1946 is pretty much public domain in the US, but Wal Mart has a policy in place that they are not alowed to make copies of copyrighted materials. Period.

I think you have to go back at least 75 years to be sure it's Public Domain, and even then, some works may have had copyrights renewed.

It is unlikely that any family photos taken in a studio would be so covered.

Wal-Mart only needs a lame policy like this to avoid having to hire workers capable of exercising minimally good judgement.

In fact, their policy may be infringing on your copyrights in a discriminatory fashion, if they allow others to use their services but forbid you from exercising your legal rights ...

US Copyright Office -- it's all there for download ...

Message edited by author 2005-09-11 22:35:15.
09/11/2005 10:40:56 PM · #5
take it to cvs - unless it have "copyright do not copy" or the studio name on it CVS doesnt care. It will cost more though.
09/11/2005 10:52:13 PM · #6
Before 1923 -- public domain

1923 through 1977 -- Published without a copyright notice -- In the public domain

1978 to 1 March 1989 -- Published without notice, and without subsequent registration -- In the public domain

1923 through 1963 -- Published with notice but copyright was not renewed -- In the public domain

09/11/2005 11:23:34 PM · #7
Thanks everyone.... I knew you would know.
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