Photograph from the 1940s copyright?

Question

I have a photograph of my grandmother taken in 1947. It is a professional photograph of her, but I have no idea where she had it taken or who took it.

I'm doing a book through self publishing for some family members and the contract with the publisher says I have to have all applicable copyright waivers from any photographers unless I own the rights to the photograph.

Where do I start?

Answer 1

If the photograph was made for your grandmother, then she has rights to reproduce if for family purposes -- that is an implicit license, that would extend to you when making a family album.

Generally, copyrights that old were under a different system -- from 1909 to 1976, items that were copyrighted were protected for 28 years, and could be renewed for an additional 28 years. So, 56 years max from 1947 means that at best, the copyright would have expired a few year ago.

For works created after 1976, the rules are different.

Answer 2

If the photo is not marked with a copyright on front or back, then it's normally consider public domain and anyone can do anything with that photograph they wish to do. Besides being 60 years old the copyright if any expired many years ago.
good luck