Re: Question regarding image copyright

Jamie Powers <jamie[_at_]srgpe.com> said:
>
> With copyright theoretically available for "restored" works, do all
> these PhotoMart "restore your old family photos" offers create new
> works owned by the photo houses? Is that great photo of my
> grandmother now "Copyright PhotoMart 1997?"

Possibly yes to the new bits of your Grandmother's photo only. PhotoMart can do little with just the bit they created. You would be limited by their copyright of the new bits in your dealing with the "improved" photo.

Even if the original photo was out of copyright PhotoMart would be limited by the contract with you to dealing with the photo only in terms of that contract. The contract gave permission for that physical photo to be used only for "improving" and did not give permission for use in commercial purposes. A different story if PhotoMart obtained the photo via other means.

We sometimes forget that our copyright only applies to the bits we created, not the whole lot. Thus the sign offs "copyright retained on original material"

BTW I enjoy the mix of academic questions, innocent but illustrative and useful questions, humour, goodnatured banter and the very helpful practical examples that we get the priviledge to express a comment on. My thanks to "us" and the moderators.

Richard Niven
Solicitor
National Library of New Zealand
<richard.niven[_at_]natlib.govt.nz> Received on Tue May 13 1997 - 23:13:12 GMT