Re: Photographs

From: Morgan E Malino <morgan[_at_]gwis2.circ.gwu.edu>
Date: Mon, 25 Mar 1996 17:43:57 -0500 (EST)

On Sun, 24 Mar 1996, Martin Perlberger wrote:
>
> Mike Lean wrote:
> >
> snip
> > 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.
>
> Copyright duration depends on the law of each country relating to
> copyright.
>
> In the U.S.A., the copyright duration would depend, among other things,
> on the copyright proprietor/author's status: individual, corporate,
> employer-for-hire, living, deceased(when?), assignee, etc.?

Actually, the answer seems to be fairly straight-forward. Sec. 304(b) states, "The duration of any copyright, the renewal term of which is subsisting at any time between December 31, 1976, and December 31, 1977, inclusive, or for which renewal registration is made between December 31, 1976, and December 31, 1977, inclusive, is extended to endure for a term of seventy-five years from the date copyright was originally secured." In other words, if the picture had its copyright renewed (something you would have to research) and was still in existence between 12/31/76 - 12/31/77, then the copyright has a 75 year term.

If the date of the publication was before 3/25/21, then the work is in the public domain, and can be used freely. If the the work is not more than 75 years old, then other questions become relevant (was it copyrighted before publication, was its term renewed, did the owner apply for extensions [relevant because many works had their terms extended so as to "subsist" between the relevant dates]).

Morgan Malino
3L George Washington Law School
<morgan[_at_]gwis2.circ.gwu.edu>

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Any information contained in this message is not to be construed as legal advice. I am not (yet) licensed to practice law in any state.

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Received on Mon Mar 25 1996 - 23:02:37 GMT