After...

[ReNae Stueve]

Steven, or anyone elso who might know the facts......

How old must a picture be before the copyright expires? I've done many pieces from photos that were in excess of 40 years old, and really have no way of finding the photographer or their heirs.

Thanks

[Timothy C. Tyler]

I did not see an email. Could you write me, I have a gallery question about your town.-Tim

[Tom Edgerton]

ReNae--

My reference published in 1987 states that copyright extends for a period of the artist's (or photographer's) life plus fifty years. If the work was created anonymously, under a pseudonym, or as a work for hire, the copyright term extends for 75 years from the work's first publication, or 100 years from its creation, whichever is shorter.

So in most cases, a safe assumption would be that the copyright would be still be in effect unless the artist or photographer has been dead a long time.

I know that this all was discussed by Congress again in the 90's, but I've been remiss in not getting a more current reference. Thanks for reminding me to do so.

Anyone got a later word on this?

[Michele Rushworth]

Ah, the wonders of the web. Here's a link to the website of the U.S. Copyright office with the recent laws explained.

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

In particular it states that the law now covers works for the author's life plus 70 years. In the case of work for hire it is now 95 years or 120 years, depending on whether the image was published.

This site also explains much more about what is and is not copyrighted and what does and does not protect someone in wanting to use another person's work.

[Tom Edgerton]

Thanks, Michele!

I had a feeling that copyright protection had been extended since my reference was published.

This is a terrifically helpful link.

[Steven Sweeney]

The 17-page print-out of the information at this copyright site has been twice posted on our studio bulletin board in the past month (no, not by me -- there are other suspicious lawyer types in the building), and has yet once again gone missing. I assume that it's because copyright law is such a fascinating page-turner -- I know I can hardly put it down. The bulletin board "borrowers" were probably up all night with it, and beside themselves as well (right where they belonged).

But anyway, all artists and other creative folks owe it to themselves to acquire their own copy -- preferably not by stealth -- for a quick read and then ready reference in their art files, not only to avoid copyright infringement liability, but to understand their rights in their own creations.

And since this has slightly skewed the thread away from the topic, I'll just add that most of the world, and its inhabitants, have not been photographed, either exhaustively or at all, and even if they have, it wasn't with our own unique perspective, intuition and talents. It's worth creatively considering that trove of subject matter, and skipping the photograph copyright hassles entirely. Or at least just insist on working only from your own photographic creations.

That'll keep the lawyers out of it, and as the legally-beset Martha says, "That's a good thing."

[Carl Toboika]

Steven has a good point about working from your own references. I personally would never agree to put a photographers name under my own on a painting... ever. I would however gladly agree to give them full credit, in a permanent way, on the back of a painting right in there with the materials list etc. as that is the appropriate place for basic source material in my opinion.

[Michele Rushworth]

... in a permanent way, on the back of a painting right in there with the materials list ...

Carl, how do you notate this sort of information? On a backboard? On the linen itself?

[Chris Saper]

www.copyright.gov

[Carl Toboika]

Michele,
The back of a panel (which I prefer) or a lower corner of the canvas on the back, small.

Usually the Title, a number that identifies it and lets me know the date, pertinent materials. It's done in hard enough charcoal writing and is fixed with fixative. That's where I'd agree to put a photographers credit.

In the end it