Discussion:
What is the name of your state? Oregon
A 100 yr old Co. has photos relating to their product. Their Ad Agency wants to use a photo from 1948 of a woman holding product for print. The 100 yr old Co. has no record of purchase for the photo, but has name of the woman, photographer, location and negative #. Can the agency use the photo? Since it has been in posession of the Co. all this time, is it considered their property? If the photographer is dead, is it still copy write protected? Does the agency need to find the woman for a model release?
Thank you.
Answer:
From the information you've given (which may be all there is), there is no way to tell whether the picture is public domain or whether it is still protected by copyright. Was the photographer hired by the company to take the picture, or did he approach the company with the picture he took himself? Was the picture ever published, either by the company or by the photographer? If so, when? If not, did the company or the photographer ever register the picture with the copyright office?