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picture/copyright question


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​But do you really want to put the administrators of this site at that legal risk?

As indicated in my discussion with sw, somebody still owns the intellectual property and would have the power to give consent, which you seem to acknowledge.

​How would you find the somebody though? If you got to get credit to post and/or share something, give credit is right, but how do you find the one to contact? And if for example a pic of a driver doing donuts in a Fishbowl at South Shops is taken by Kevin Kelly in 1978, you got his name, he's still alive, but you don't have a email or phone number to contact him for consent.... how do you get permission here? Or the aforementioned example Kevin Kelly is deceased, how do you find Mrs. Kelly or her kids to get consent, or the lawyer that happened to handle his estate(if he had one)?

 

There has to be a legal way to show consent for a photo you wish to share if you can't contact/find the owner of a photo. Would you go on a Indiana Jones-style chase across the country and/or world just to post one picture?

 

 

 

Edited by sw4400
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​How would you find the somebody though? If you got to get credit to post and/or share something, give credit is right, but how do you find the one to contact? And if for example a pic of a driver doing donuts in a Fishbowl at South Shops is taken by Kevin Kelly in 1978, you got his name, he's still alive, but you don't have a email or phone number to contact him for consent.... how do you get permission here? Or the aforementioned example Kevin Kelly is deceased, how do you find Mrs. Kelly or her kids to get consent, or the lawyer that happened to handle his estate(if he had one)?

 

There has to be a legal way to show consent for a photo you wish to share if you can't contact/find the owner of a photo. Would you go on a Indiana Jones-style chase across the country and/or world just to post one picture?

​Most pictures indicate the source, and if you can't find the source to get permission, either you find out that it is old enough to be in the public domain or you assume that you don't have permission, and hence can't post. The presumption is not that you have permission.

With regard to what is in the public domain, 17 USC sec. 302 states that for works created on or after Jan 1, 1978, the copyright lasts 70 years after the author's death (a slightly different rule in 17 USC 303 applies to works before that date). Thus, it is certainly contemplated that the copyright survives the author's death.

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Wow, I had no idea this would start a s---storm! I want to mention something in hopes of clarifying this situation. The pictures in the magazines were not taken by the writer or publisher. Most are from the Krambles-Peterson archives and are credited accordingly. Does this change anything? I imagine I would have to get permission from the archive owner to post. I obviously deleted my previous postings as I wish no trouble for this site.

​2200fan you didn't start a "expletive" storm, you started a discussion that I think was well known but not discussed. This is a very good topic and will give others a lot of educational insight. Don't feel like you started something bad, you just opened a can of worms.

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