Expert: Nyall Engfield - 11/27/2008

Question
Hello, Shannon,

We recently purchased in an auction a huge set of photo slides - images taken in the '60s until '89. The photograph died in 1989.I don't think there is any copyright associated with these slides. However, am I entitled (or can i try) to copyright them? Thank you!

Answer
The author of the work, in this case the photographer, would have copyright in the photographs, for a period of his life plus fifty years. That means, if he died in 1989, the photographs would be protected by copyright until 2039. Since he is dead, the copyright goes to the estate and may be assigned to, or willed to, someone.

The author of the work is the first owner of the copyright (except in the case of commissioned photographs, wherein the person paying for the photographs is the first owner of the copyright). These rights may be transferred by assignment. Since you did not author, or create, the photographs, you are not entitled to the copyright. However, you may purchase an assignment of the copyrights from the owner, who would have received such rights from the estate of the author.