Expert: Shannon Moore - 3/16/2008

Question
Does a copyright on a photo ever expire?  I have a photo of my daughter 15 years ago in a dance pose that a photographer from the dance class took.  I am trying to enlarge it and the photo lab tells me its copyrighted and cant be copied with out the photograpers agreement.  But I dont even know who it was that took the photo!

Answer
Dear Cathy,

Here's what the US Copyright Office has to say:

"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."

http://www.copyright.gov/help/faq/faq-duration.html#duration -- Link for above quote

Perhaps contact the dance company where the classes took place? If the photographer took those photos for the dance company, then technically the dance co. owns them as the photographer took them on a work for hire basis.

"In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright law defines a 'work made for hire' as:

  1.a work prepared by an employee within the scope of his or her employment; or
  2.a work specially ordered or commissioned for use"

http://www.copyright.gov/circs/circ1.html#wccc

Hope that helps! Please let me know if I can answer any other questions.

Warmest regards,
Shannon Moore
http://www.tmexpress.com
http://tmexpress.blogspot.com