What publishing rights do I have with vintage negatives?

Question

I recently bought some large and medium format negatives dating from the late 1930s through the 1960s. I have no idea who the photographer(s) may be or if they are even alive.

Do I own the publication rights to these images? What would happen if I sold them to a magazine or for an ad campaign?

Any help would be greatly appreciated!

Answer 1

Wow, this is a complex one. My answer pertains to English & Welsh law; if this isn't relevant to you, sorry!

Copyright in photographs lasts for 70 years after the death of the photographer. If you had photographs from that period, they would be unlikely to be out of copyright.

However, the fact that you own the negatives would imply that you DO own the copyright, if they date from between 1911 and 1989, which it sounds like they do. Outside those dates, the possession of the negative is not generally linked to copyright, which remains with the creator.

The website below has a case study that may help you further. I think you're pretty safe to go ahead and use these photos, but, if you're in doubt, your local library should have books with the full copyright law in them, or you could speak to a copyright lawyer (though their advice won't be free).

Answer 2

You can only obtain rights from the original author, or their estate. Since these are unknown, you can safely assume that no rights were transfered when purchased. The photos are much too recent to be public domain in any country. Therefore commercial exploitation would be quite risky. If no one from the photographers family recognizes them, then they would not file for infringement,(no harm no foul). But if they are recognized, then they could be entitled to substantial damage claim since you knowingly used without permission.

Also to use for advertising, you would need the release of each identifiable person. People are more apt to recognize a face than remember who the photographer was.

For legal protection, you need to do a lot more research into the history of the photos. It is possible that they would be free to use but that can't be an assumption, you need facts.

Answer 3

To the best of my knowledge, it is the image that can be copyrighted. It may be possible to own the negative but not the right to use the image especially if it was published before.
The negatives have their own value.

Answer 4

The bibles I certainly have appeared at in lots of cases are revealed via their given employer. i've got seen Mormon bibles and in the front pages it has the Mormon call and employer handle. this is interesting using fact technically multiple non secular agencies, Mormons, Catholics, etc., all have their very own bible with a similar tale with diverse changes right here and there as all of us be attentive to. it style of sounds like this is public area. and then Mel Gibson made his interest movie, and that i doubt he paid any non secular employer for the rights to place the tale on movie.

Answer 5

You have the original negatives, they are yours, when you bought them you also bought the rights to them