How do copyright laws work with pictures?

Question

We bought photographs of Shoeless Joe Jackson at an auction. Who owns the copyright to these pictures, and is there a way we can transfer it to us? Or are pictures automatically public domain after a certain amount of time?

Answer 1

If you talk about "real" photogrphs and not re-prints then the photogrpher (or the people he worked for) has the copyright. Who was the photogrpher? There is no way to know after so long unless it's printed somewhere in the photograph.

The photogrpher is probably dead by now so you can't have the copyright transfered or sold to you.

But I'm pretty sure those photgraph are in the public domain, Joe played from 1908 to 1920 and in those days the copyright lasted only 28 years after first publication or registration (it was possible to renew it but most photographer didn't care or just didn't knew about it).

Today in the US any work fall into the public domain 70 years later after the death of the last author.

How long does a copyright last?
http://www.copyright.gov/help/faq/faq-duration.html#duration

How Long Copyright Protection Endures
http://www.copyright.gov/circs/circ1.html#hlc

Answer 2

It depends upon what you mean. Pursuant to the "First Sale" doctrine, you have rights to exploit that copy of the picture. In other words, you can sell it, display it, and look at it yourself (and with others) privately.
You most likely, however, do not have the right to duplicate it or make "derivative works" from it (like put it in a collage or make it into a digital photo).

The copyright laws when the picture was taken were VERY different from the laws as they are now. You had to put a copyright notice on anything published, or it fell into the public domain. You had to register and renew within a certain time of publication, or it fell into the public domain.

There have been significant amendments to the law, and a copyright that's been maintained will be enforceable for up to 95 years from the date of creation, or life plus 70 years after the author's death. In general, if it was created on or before the days of "Steamboat Willie," it's in the public domain. Plus, I would GUESS that the picture is in the public domain already (unless the copyrights were sold to an institution, like a newspaper or Major League Baseball, in which case they were more likely to keep up with the formalities).
If it is in the public domain, you can do anything you want with it, but you can't claim copyright yourself.
There are search firms that can look to see if it's fallen in the public domain, or at least see if there's any copyright records indicating who owns the copyright and when it expires.

Answer 3

That pretty much depends on the photographer. Photos are copywritten in the same way that written material is, through the copywrit center in Washington D.C. Copywrites do expire and, if not renewed, the wrok does become what is known as "public domain". Chnaces are the picture that you bought are in the public domain, but you would have to do a copywrite search, using the photographer's name, to be sure.
Professional photographers that wish to copywrute their work generally have their name or company name on the back of their prints. Copies however, especially illegal copies would not.

Answer 4

i am sure you will submit the picture to an art appraisor. if authentic he will give a date or date range that it was taken. If before 1924 it would be public domain in the US. however a faked image could be problematic, but then you wouldn't be interested in exploitation in that case.