Copyright question on an old photo

[gadgetguy]

Hi guys,
I have a photo of my Dad that I want to use in one of my books. It's a school picture from the 1954-55 school year. It's wallet size and there is no photographers mark, although there may have been one on the back of the full sheet this picture was cut from. Do you know if it would still be under copyright protection, and if so, would the copyright holder be the school or the photographer?

[will7370]

Something that old, I don't think I'd even worry about it.

[MightyO]

Ya think so too....

[gadgetguy]

Research elsewhere tells me it's possible but unlikely. It all depends on the photographer/company that took the pictures and if they were diligent enough to renew their copyrights before the changes to copyright law took effect. I've written to the school system that the school used to be part of, to see if they can identify the photographer that was used at the time. So far, I have not received a response. If I fail to locate the photographer I will probably go ahead and use it, but I'll feel better knowing I tried.

Thanks.

[will7370]

Even IF the photographer or his company were still in business, how in the world would they recognize their own work from almost 60 years ago? Assuming they ever picked up a copy of your book?

[gadgetguy]

Even IF the photographer or his company were still in business, how in the world would they recognize their own work from almost 60 years ago? Assuming they ever picked up a copy of your book?

So you're saying I should go ahead and violate copyright because it's not likely I'll get caught?

[will7370]

No. What I'm saying is the odds are astronomically high that the photographer is even still alive, or the company is even still in business after 60 years. At some point you're going to have to make a risk assessment. There may be situations in which the reproduction of a photograph may be considered “fair use” under copyright law. I found information about fair use at: www.copyright.gov/fls/fl102.html.

[gadgetguy]

No. What I'm saying is the odds are astronomically high that the photographer is even still alive, or the company is even still in business after 60 years. At some point you're going to have to make a risk assessment. There may be situations in which the reproduction of a photograph may be considered “fair use” under copyright law. I found information about fair use at: www.copyright.gov/fls/fl102.html.

As I implied before, the point where I will make that risk assessment is after I have tried to locate the photographer/copyright holder, or determined for sure that it is no longer protected. The way I plan to use the photo can not be considered fair use.