Re: Photographs

On Fri, 22 Mar 1996, Michael Lean wrote:
>
> Would some kind person please advise me as to the duration of copyright
> in photographs originally published in the United States? We're trying
> to get permission to use a picture of Harry Houdini probably taken and
> published around 1920.

It's almost certainly public domain if it was published 1920 or earlier. 1921 or later, it could still be under copyright.

Let's assume it was published in 1920.

Under the law in effect in 1920, U.S. copyright vested upon the earlier of a work's a) publication with a copyright notice, or b) registration with the U.S. Copyright Office. Copyright endured for an initial term of 28 years, i.e., until 1948. It was eligible for an additional 28 years of protection (i.e., until 1976), but in order to obtain the additional term, the work's copyright had to be renewed with the U.S. Copyright Office. Beginning in 1963 and ending in 1978, Congress enacted a series of laws that extended the renewal term to 47 years. The net effect of these laws is as if a 1948 renewal was for a 47-year term rather than a 28-year term. As a result, the renewed term would extend through December 31, 1995 (in the U.S., copyrights run through the last day of the year in which they expire).

So, basically, for works in the time frame that you're interested in, you can expect either a 28-year or 75-year copyright, depending on whether the copyright was renewed. Thus, a copyright beginning in 1920 would have expired at the latest in 1995. However, a copyright beginning in 1921 may have expired in 1949, but if renewed may still have another 9 months of copyright left (through 1996).

Of course, the above assumes that it was published with a copyright notice. Under the laws in effect in the 1920s, publication without notice served to forfeit copyright.

I should also point out that, as you requested, the above analysis describes U.S. law. You're posting from Australia. Under the principle of "national treatment," if you're considering publication in Australia, it will be Australian copyright law, rather than U.S. copyright law, that most concerns you.

--
Terrence J. Carroll 
Attorney at Law                                      ph: 415/843-5090
Cooley Godward Castro Huddleson & Tatum             fax: 415/843-0663
Five Palo Alto Square            email (office): carrolltj[_at_]cooley.com
Palo Alto, CA 94306-2155         email (personal):    carroll[_at_]tjc.com