[PRCo] Re: Question about slides

[Stephen Titchenal]

For older slides (or any creative work) the requirement for copyright only
applies to PUBLISHED works. IF the slide was published in a book or magazine
without copyright notice (before about 1980) it could be in the public
domain. An original slide and a small number of duplicates would not be
considered published and therefore still have a common law or copyright law
protection depending on its age. I believe anything created in the 20th
century and NOT published should still be considered under copyright
protection. The original photographer has the copyright, regardless of who
owns the slide, unless the original photographer has relinquished their
rights. Often when a collection is donated to a museum, the copyright is
also donated, but that requires a contractual transfer.

Of course, many people consider older photos/slides that cannot be easily
identified to get permission ok to use. But technically the original creator
or his/her heirs could go after you - especially if you are making money off
them.

My copyright page has some additional information.
http://www.railsandtrails.com/about.htm#Copyright


Stephen Titchenal
www.railsandtrails.com
www.titchenal.com
-----Original Message-----
From: pittsburgh-railways-bounce at lists.dementia.org
[mailto:pittsburgh-railways-bounce at lists.dementia.org] On Behalf Of Fred
Schneider
Sent: Friday, December 10, 2010 3:10 PM
To: pittsburgh-railways at dementia.org
Subject: [PRCo] Re: Question about slides

Certainly with the older stuff (and I have not read the new law carefully),
once you put something out there without protecting it, you lost it.  Once
in the public domain ... only once.   All someone has to do is prove that
they got a print without your name on it without a copyright symbol ... you
have lost it.   


On Dec 10, 2010, at 2:49 PM, Jim Keener wrote:

> I didn't intend to copyright them, I just wanted to share my collection,
> put it online, maybe with a map of where each one was taken and having
> it so the image would be like google maps where you can zoom in on a
> section of the image w/o having to load the full res image (or the full
> image if you so choose:)).  I was just curious about the issues
> surrounding that.
> 
> I take it older slides would have had their copyright expire then, and I
> don't have to worry too much about it?
> 
> Jim
> 
> On 12/10/10 2:42 PM, Fred Schneider wrote:
>> There was also a copyright law change about 1970.   Essentially that law
meant that if you failed to copyright your material and put it in the public
domain, you lost it.   So if we're talking about images of private streetcar
companies, unless the photographer actually took the time to protect his or
her work, there isn't much he can do.   And you can't copyright it because
you didn't take it.   
>> If you copyright a book, for example, the verbage in the law addresses
copyrightable material.   What is copyrightable?   Your photographs?   Yes.
Your art?   yes.   Your prose?   yes.   Someone else's photographs that were
previously copyrighted?   no.   Basic information?   no.    So a roster is
basic information, it cannot be copy protected.  
>> 
>> 
>> On Dec 10, 2010, at 2:10 PM, Herb Brannon wrote:
>> 
>>> According to the Library of Congress, basic copyrights are as follows:
>>> Copyrighted material prior to the year 2000: Copyright lasts 21 years
from
>>> original date of copyright or renewal of copyright.
>>> 
>>> Copyrighted material beginning in the year 2000: Copyright last the life
of
>>> the creator (writer, photographer, etc) PLUS 75 years.
>>> 
>>> See the Library of Congress website for any other changes, exceptions,
etc.
>>> 
>>> 
>>> 
>>> 
>>> On Fri, Dec 10, 2010 at 14:03, Jim Keener <jimktrains at gmail.com> wrote:
>>> 
>>>> If I buy a slide, do I then have the right to, say, scan it and put it
>>>> up online, or are those rights still owned by the original
photographer?
>>>> 
>>>> Jim
>>>> 
>>>> 
>>> 
>>> -- 
>>> Herb Brannon
>>> In Cuyahoga Valley National Park
>>> 
>>> 
>>> 
>> 
>> 
>