Hi. I was wondering if someone could help me understand what I find to be a puzzling issue about copyright/public domain, etc. When I visit certain online depositories containing old images, I am told I need to get permission to use certain of the photographs that they contain, especially if I want to use them for commercial purposes. Yet in many cases, these photographs date back to the late 1800s and early 1900s and it would seem that all copyright requirements no longer would apply. Why, then, do I need permission to use such images? The New York Public Library, for instance, charges a fee both for high-resolution photos of old items AND for permission to use them in commercial work. I can understand being charged for the photo itself if they wish to sell it rather than making it available online. But what's the good of copyrights expiring, if the folks who stored the original image can still get you to pay for permission to use such images? Thanks for some info. Brian
That's a good question. I know that text - you can grab anything before 1935 (I'm guessing here) you can get and put on your site w/out permission. With photos - maybe it's because they are owned by a company - but that's me guessing. Anybody else know???
Old images, or what are often referred to as 'library pictures' may be old, but will be owned, or the use of the image, will be owned by someone even now as the rights will have been purchased at some point, hance he lirary charges a fee, because they own the rights to that image.
Thanks for the response. If you can give me any further clarification on the subject or guide me to a discussion of it, I'd appreciate it. For instance, I'm puzzled by such questions as: Will these images then never be free to use irrespective of their copyright status? And exactly what contract did the library sign and with whom that allows them to extend their ownership rights in perpetuity like this, without regard for copyright limitations? In short, it just seems a little odd to me that some 1800s photographs and drawings (for exmpale) are free for public use while others (although their original creators are every bit as dead) are very far from free for use due to some past business deal. Thanks.
There are publicity or privacy rights (even if the person is dead) that are separate from copyright laws and can come into play with commercial usage. You didn't say what the photograph was, so I don't know if this applies. Even though a copyright has expired, they are under no obligation to give you a high resolution scan for free (or at all). I don't think they are claiming copyright on the image, but rather want a one-time fee for supplying you the copy. If you had a photograph from 1800's you wouldn't have to supply me with a scan just because I demanded it - you could set conditions.
This was my assumption as well. They are simply charging you a fee for accessing the image in their possession not charging you a license fee for the copyright rights to the image.
Digital Copyright Slider - to help determine if a work is protected by copyright http://www.librarycopyright.net/digitalslider/