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You've got questions about discovering, preserving and celebrating your family history; our experts have the answers.
Photo-Copies
A: US copyright law is notoriously complex, and it does cover unpublished materials such as your photographs. Basically, any unpublished work created before Jan. 1, 1978, is covered by copyright for the life of the creator plus 70 years, or until Dec. 31, 2002—whichever comes last. (You can read copyright law at www.copyright.gov. There's a reader-friendly copyright table at www.unc.edu/~unclng/public-d.htm.)
If the photographer were still living, you'd contact him or her for copies or for permission to copy. But copyright includes a concept called fair use: In many cases, material can be used for non-commercial purposes, such as a scrapbook, without violating copyright law.
So the studio and its photographer are no longer around to give permission, and you're not economically profiting from the usage. You should be able make copies of your family portraits, right?
Well, it's more complicated than that. Only a lawyer could say for certain whether fair use applies to your photos. But even if it does, stores don't want employees to be responsible for interpreting the intricacies of the law, so they tend to adopt very strict policies.
If you need to use an in-store kiosk, try a different store, explain to the manager how you're using the photos, and bring whatever proof you have that the photographer is unreachable.
—Maureen A. Taylor
Editor's note: According to copyright lawyer Joshua Kaufman, a copy of the photo for one's own personal genealogical use will probably be considered a fair use. Read more at www.familytreemagazine.com/articles/feb01/copyright.html
Maureen A. Taylor is the author of Uncovering Your Ancestry Through Family Photographs, available for purchase at www.familytreemagazine.com/store/display.asp?id=70452
Pose your questions to our family history experts.
Q. I have copies of professional photographs taken of my mother and aunts in the early 1940s. When I tried to make more copies using an in-store photo kiosk, I was told by store personnel that I couldn't. I know the studio no longer exists and the photographer has long since died. How can I make copies?
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