how old does a photograph have to be before the copyright has expired?

Question

I have a photograph that is at lest 100 years old of my great grandfather, but when I try & scan a copy of it they tell me that it was professionally taken.

Answer 1

70 years after the death of the person who took the photograph.

Answer 2

Prior to 1978, copyright in US was based on publication, this would apply to photos in books, magazines, post cards or produced for stereopticans. For these items, publication prior to 1925 means they are public domain. Even newer published items could be PD but that depends on specific conditions.

However your photo most likely is an original print and not a publication, in that case the rights expired either at the end of 2002 or at 70 years after the death of the photographer. So without biographical info on the photographer, it can possibly still be in rights, thus a work needs to be 150 years old to be legally assumed to be out of rights if the author is unknown.

If there is not a studio stamp, or any other indication of who took the photo, it is reasonable to assume that the estate does not know if it is their photo either. This is a case of no harm, no foul. Without a party to claim infringement, it can be freely used.

I can understand why you would want to scan such a personal document but you may have to do the work yourself. A normal digital camera will do a good job of capturing a photo print if you don't have scanning equipment.

Answer 3

You are only getting part of the story...

http://www.erikolsenphotography.com/copyrightfaq.htm
Some specifics from a photographer-
the 70 yr limit mentioned above applies to photos taken after 1978.
I have worked several labs, where we were told 75 yrs and older are fine. All clerks are told that if in doubt, do not allow it to be used. Since I do a lot of genealogy, and am familiar with clothing styles, etc, it was usually absolutely clear for me.
So, the fact it was professionally taken does not ALONE mean it cannot be copied.
I respect the rights of photographers to not lose income from those who want to take advantage of 1 hr photo labs. On the other hand, photos as old as you are talking about, are NOT losing income for anyone, and desperately should be preserved for historical reasons.
Either find another 1 hr service, or think about buying your own scanner. Prices for 3 in 1 scanner/printers are down to $75 or less at Wally world.

Answer 4

I used to work at a Walgreen's photo lab and the general rule was that a picture would have to be 70-100 years old in order for us to ignore the original copyright. We used to have a form that you could have the copyright owner sign to waive their rights on the copyright. There were also times when the customer could sign a form that said that they took responsibility for any legal action filed because of copyright infringement however we only did this for extreme cases where it was clear that the original copyright owner could never possibly be contacted. Besides that the best advice I could give you would be to go around until you find a photo tech who really doesn't care. Good luck.

Answer 5

You have a program error in your scanner software. There are no automatic copyrights on pictures.
Use a different program to scan, like Photoshop.