Visual arts copyright question regarding discarded works.

Live in Colorado. I began a hobby of producing large scale, archival quality art prints from old 35mm slides. The source of these slides has been my own old family photos, so copyright has not been an issue.

This interest has broadened to include collecting old slides from discarded sources - garage sales, Craigslist giveaways, and even eBay (on eBay there are many "lots" of random collections of old, miscellaneous slides for cheap). I would then select ones for editing and produce them in the same large scale art format. When I collect these slides they have no information - no explicit authorship, provenance, or implied ownership since they have been discarded and given away, basically for trash.

My goal is to display these large scale art prints in galleries and sell. I am wondering if there are any copyright issues even though these slides are from discarded, random sources. Could I claim copyright to them since the work is a modified image? Could someone come out of nowhere and claim they took that photo in 1955 (for example) and it's their old car or old barn or whatever and therefore they have copyright?

Thank you.

Physical possession of the media does not equate to copyright. Just because someone through away (or even sold you) a image, doesn't give you the right to make copies.
Just because you don't bother to know who the copyright owners is, doesn't mean they do not exist.
You can not claim copyright out of something you didn't create.

Thanks for the reply.

FlyingRon said:

Just because you don't bother to know who the copyright owners is

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This is not what I said. It's not that I "don't bother to know who the copyright owners" are, it's that when they are dumped in the trash there is no ownership information. I'm happy to know who it is, if the information is readily available.

FlyingRon said:

You can not claim copyright out of something you didn't create.

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I know this. But this also introduces the question of what is created. I created a large scale art print, sometimes with modifications and image manipulation. I did not actually shoot the photo though.

seeeker said:

Thanks for the reply.
This is not what I said. It's not that I "don't bother to know who the copyright owners" are, it's that when they are dumped in the trash there is no ownership information. I'm happy to know who it is, if the information is readily available.

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All that weaseling doesn't change the fact that the copyrights are NOT yours, regardless of how you came into possession of the media
POSSESSION OF THE MEDIA DODS NOT IMPLY COPY RIGHTS.
It doesn't matter if he dumped into the garbage can. The original photographer retains the rights to the images.

I know this. But this also introduces the question of what is created. I created a large scale art print, sometimes with modifications and image manipulation. I did not actually shoot the photo though.

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Even when you make a derivative work, you do not USURP the original copryights. Further, making large scale prints and image manipulation most likely does NOT qualify as any derivative work rights either.

Sorry, I can't tell you what you want to hear. This work is 100% the work of the original photographer. Now you can weasel yourself and assume if they through the stuff away or dumped it a flea market that they aren't going to pursue you for the infringement, but they have an ABSOLUTE RIGHT TO DO SO. Further, representing this as your own work, even with your REPRODUCTION work, is DISHONEST to say the least.

Ok got it. Thanks.