Discussion:
What is the name of your state? Missouri
I have searched the copyright forum and have not found an answer so here is my question.
I have purchased hundreds of WWII photographs from sellers on eBay. These are, of course, after 1923 so they are not technically public domain. I have scanned these photographs into tiff files and would like to sell them on the Internet as download files. Can I legally do this?
I also have my own photography work that I would like to sell the same way. What kind of notice can I place on the site that will help to prevent my photos from being reproduced and sold?
Thanks.
Answer:
I have purchased hundreds of WWII photographs from sellers on eBay. These are, of course, after 1923 so they are not technically public domain. I have scanned these photographs into tiff files and would like to sell them on the Internet as download files. Can I legally do this? Not legally, unless you have permission from the copyright holders, or unless the works are in the public domain.
I also have my own photography work that I would like to sell the same way. What kind of notice can I place on the site that will help to prevent my photos from being reproduced and sold? You could note that all photos are copyrighted.
Answer:
This is pretty frustrating. The sellers purchsed them at estate auctions which means the ones who took the pictures are deceased. They wouldn't be sold in an auction by the heirs if they intended to copyright ... at least logically. I doubt the individual pictures were copyrighted or even copyrighted in folder or lots or whatever the term is. Also, in regard to the ones of my own that I am going to sell .. I can make a note that they are copyrighted, but does that make them copyrighted?
Answer:
This is pretty frustrating. The sellers purchsed them at estate auctions which means the ones who took the pictures are deceased. They wouldn't be sold in an auction by the heirs if they intended to copyright ... at least logically. That may be the case, but there is no way to know for sure unless you contact the heirs and ask them. Now, depending on when the photos were taken, it might be possible to determine if one or more of the photo have passed into the public domain. You can read up a little about it here:
If you are pretty sure that the works are public domain, or thast there is nobody willing to enforce any copyrights that do exist, then you could go ahead and copy them and sell them -- just realize that what you are doing may not be legal, and you could potentially be liable for copyright infringement. The only way to completely mitigate the risk is to figure out for sure which works are in the public domain and only reproduce and sell those, or get permission for the ones that are covered by copyright.
I doubt the individual pictures were copyrighted or even copyrighted in folder or lots or whatever the term is. See above. It may be possible to sort out which photos, if any, are in the public domain.
Also, in regard to the ones of my own that I am going to sell .. I can make a note that they are copyrighted, but does that make them copyrighted? You pictures are copyrighted automatically as soon as you take them. For maximum protection, you will want to register the copyrights with the U.S. copyright office -- but even if you don't, they are still copyrighted.
Answer:
Thank you. You have been very helpful.
Answer:
I would just like to note that I find it very ironic that the OP wishes to copy photos he knows not to be public domain, but is then concerned about people copying his pictures
Answer:
I can see where you might think this is ironic, but if I wasn't concerned about both, I wouldn't be on here looking for legal advice. If I knew the heirs of the deceased person who took all of these pictures it would be a very simple matter. I am in contact with the heir on about 50% of the photos, who asked me to sell the originals, and has approved of the selling of the scanned files. In fact she will receive 50% of the proceeds. It is simply the remaining 50% which I have no clue who the heirs are that is a problem for me. Am trying to do the right thing. Hope your eyes don't get stuck.