How long do the copyright laws apply to a photograph?

Question

Recently went to Walmart to make a copy of an old picture of me at 17 years old. (I'm 60 years old). It had the studio name in right hand corner. Walmart said it was protected by copyright laws and I could not use their equipment to make copies. The photographer is dead and gone 40 years ago.

Answer 1

95 years for works copyrighted 1923-1977; Under current laws, 70 years after the death of the creator -- or a fixed 120 years for corporations.

But if the photograph was of you -- and you purchased it from the studio -- then it would count as either a "work-for-hire" or at least you would have an implied use license -- which allows you to make copies for your own personal use. Go back and inform them that it's work for hire and that you have a license to make copies for your own personal use.

Answer 2

I have had this problem too, except mine was that it looked like a professional job. There was no mark on it at all to say that it came from someone else. It was from my digital camera and printed from my computer. I needed copies but did not have my printer working so I went to a national drug store that had a photo department. They told me that I could not get copies and they refused to believe that it was my picture to begin with.

I went and looked it up and the photographer does not have to even register a copyright. There is an implied copyright with the picture.

Here is a FAQ on copyrights.
http://www.copyright.gov/circs/circ1.html#wccc
There is also some information here about how long the copyright is good for. The thing is, Walmart can refuse to copy any picture they do not want to copy. You cannot make them copy it for you. Find a friend with a good scanner and printer and do the job yourself.

Answer 3

Yes, there have been cases like this, and many stores have sucha policy.

It is not easy to determine the copyright date of a particular photograph, and the laws regarding time have changed over the years. Currently it is life of author + 75 years IIRC (just woke up).

Walmrt has better things to do then get tied up in trouble like this so they just won't do it at all. Imagine if, wuith all their stores, they had to chase down copyrights to prevent suits on any picture anyone brought in.

See www.chillingeffects.org for defintiive answers to copyright issues.

In the meantime, go to a smaller photo shop and they might do it for you, they might not, but at least they will be knowedgeable enough to suggest what to do.