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Using photos from a book in a video documentary

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kmike

Junior Member
What is the name of your state (only U.S. law)? NJ

Hey everyone,

Quick question, I would like to use photographs that are in a book of an historical figure in a non for profit video documentary for a project to graduate college.

A few key points are the photographs are anywhere from 175-140 years old, dating back to around 1875 and earlier. The book in which they appear was written/printed in 1963, so it's obvious that the author did not take the pictures and where the pictures appear he uses "FROM THE COLLECTION OF THE AUTHOR" beneath them for credit.

The original photographers are not credited. Considering that the author was able to use the photos in his own book leads me to believe the publishing company received permission from someone (if not all photographers) to publish and earn a profit from their use.

In both cases, I believe they are out of business and deceased (respectively), so in essence there is no one to contact except the relatives of the author.

I totally realize I need to get permission to use them, but the dilemma I'm having is, do I contact the publishing company to whom the book belongs? Do I contact the estate of the author?

Thanks very much :)What is the name of your state (only U.S. law)?
 


quincy

Senior Member
The photographs, as old as they are, would be in the public domain and free to use. There would not be a copyright problem. In addition, because your use is an educational one, the use of the photos, even if still protected by copyright, would probably be considered a fair use of the material.

The problem, therefore, is not so much the use of them in your documentary, but in accessing the photos for use, and then ensuring that there are no lingering property rights that exist (if the photos depict, for instance, a famous person).

If the photos were part of the author's private collection, the estate of the author would probably be a logical place to start, although contacting the publishing company would be wise, too.

Many who have private collections (of anything) often do not mind providing the collections for use in a documentary - in fact, collectors are often anxious to show their collections off. However you obtain the photos, however, you will want to credit the source.

Good luck.
 
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kmike

Junior Member
Thanks Quincy.

I wouldn't even mind hiring legal representation knowing that there are lawyers that specialize in just this sort of thing, seeking out the correct copyright or trademark holder(s) for a particular copyrighted piece of artwork (in this case).

The person in question is quite famous, a civil war general, and I am aware of his great nephew being the last known caretaker of his estate but he passed away also in the 1940's, so this may or may not be tricky.

I will start with the author's family, or last known contact as such, because the publishing company has been out of business for a few decades, otherwise I'd start there instead.

Anyway, thanks again, I appreciate the advice.
 

quincy

Senior Member
You're welcome, kmike. :)

Tracking down the photographs will be a challenge, so I wish you luck with it. And I wish you good luck with your documentary.
 

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