How long does a photo copyright last?
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My grandmother has a senior picture of my mom from 1969 and I wanted a copy of it. Is the copyright for that picture up? If not is there a way for me to get a copy of it?
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Answer:
According to the library of congress "the term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics. " in your case it was before 1978... find out who the photographer was, see if they still have the film...if they no longer exist, and/or they do not have it...you would be in violation of copyright, but no one would be around to enforce it. If your making a scrapbook or something to remember your mom by, then i wouldnt worry about it...your not making mass copies or selling them. It would be a heartless ba$t*% that would come after you for doing such a thing. again, its illegal for you to copy it without permission, but in your case, for personal use, it wouldn't be worth the money to go after you.
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Other answers
I think that it is very cool that you took the time to ask. It really depends on when the "intellectual property" was produced. More recent properties enjoy longer protection than older work. In reality, I suspect you could fudge it in this personal situation. However, I am not a lawyer. Research here for a specific answer: http://www.copyright.gov/
Mere Mortal
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