Copyright on Old Photos (1907-1909)

slumped

I purchased some old postcards of a town in Ireland and have removed scratches etc from them. They now look class.

They date from 1907-1909 and the company that is mentioned on them does not exist anymore.

Am I right to assume that as over 75 years have passed (and the chances of the photgrapher still being alive) that they are copyright free?

I want to procude a series of these, perhaps 50 each, frame them and sell them with profits going to a local charity.

Anyone had similar exp? Will post in Legal forum also.

Slumped

padser

A couple of points. They are not necessarily copyright free. As far as i remember copyright lasts in general 70 or 75 years from the authors death so on that score they probably would be copyrighted. Also the company who did own the copyright could have course have sold on the rights before they ceased to exist.

However in relaity it would be unlikely now that anyone would know or indeed care about them, especially if its for charity. Im also not 100% certain if the 70 years after authors death applies to works produced before the act was enacted.

All in all I wouldnt see many problems in practice

ambro25

slumped wrote:

I purchased some old postcards of a town in Ireland and have removed scratches etc from them. They now look class.

They date from 1907-1909 and the company that is mentioned on them does not exist anymore.

Am I right to assume that as over 75 years have passed (and the chances of the photgrapher still being alive) that they are copyright free?

Copyright term is photographer's life + 70 years, transmissible to the postcard company by assignment (duration stays same).

EDIT: The Act does apply, padser

If the author passed in 1936 (2006-70) or earlier, they should be free from copyright. Not otherwise.

slumped wrote:

I want to procude a series of these, perhaps 50 each, frame them and sell them with profits going to a local charity.

You must first ensure that they are free from copyright ("best endeavours", considering the age of the works) and be sure to document your search comprehensively - i.e. what indications are there on the cards about their provenance, does the card company still exist, who is it's successor in title etc. and contact them to obtain permission.

If you can't ID the current copyright owners, set a portion of the proceeds aside in a trust-type arrangement just in case you eventually get sued for copyright infringement.

Selling copyrighted works without the copyright owner's consent is a primary infringement of copyright, period - whether profitably so or not, and whether with a charitable intent or not.

This above shall not be construed as legal advice

comac

Hi.

in relation to this topic, I was wondering what the situation is if the photographs are in the national library collection? Are the photographs free from copyright (provided they meet the photographers death + 70 years rule), or does the national library somehow have a new copyright over them?

Thanks,