AboutTricia Scott-Sahler Expertise I can answer questions on the business practices of commercial photography, self promotion, and negotiations.
Experience I have a BFA in commercial photography, and have been an artist representative for 12 years.
Organizations Society of Photographer and Artists Representatives
Advertising Photographers of America
Education/Credentials BFA in Commercial photography from the Rochester Institute of Technology.
Past/Present Clients Clients include; ad agencies, design firms, Fortune 500 companies, Bank of America, State Farm Insurance, Segway, Williams-Sonoma.
Expert: Tricia Scott-Sahler Date: 8/23/2007 Subject: COPYRIGHT ON SCANNED PICTURES
Question When my father, 84, passed away, I took scanned pictures from his computer on a CD to a store to have photos made for a display at the funeral. The store would not give me the pictures that LOOKED like they were professionaly done. One was a black & white 82 year old picture of him as a baby and another was 40 years old, taken by his employer for his badge. No markings on the front of the pictures showing who took them. Isn't there a statue of Limitations on the copyright? What are the criteria stores use to determine if it is copyrighted or not?
Answer Sandra,
First of all, kudos to your 84 year old grandfather for scanning and putting images on his computer, I love it!
What happened to you is very common. These stores are concerned about being sued by professional photographers who own the copyright to their images. They will definitely err on the side of caution when it comes to their pocketbooks! Every store is different so I can't tell you what their policy is.
However I can tell you the law. The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). You can see more info at: http://www.copyright.gov
You might want to buy a printer and print his files out for future use!
