Can I copy old family photos that are 65 years old?
Can I copy old photos like family photos that are 65 years old?
Karen on November 23, 2011
You can generally copy old family photos for private use, which can be considered “fair use.” Also, photos taken before 1989 that were published in the U.S. without a copyright notice are in the public domain, so anyone can copy them.
fair use, old photos, public domain
- Law
- Copyright
- Copyright Questions
- Do buildings have copyright?
- What is editorial use?
- What is copyright infringement?
- Where is the public domain?
- Can I copy old family photos that are 65 years old?
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- Can I stop a website using my Facebook photos?
- Can I sell photos that I find on a discarded computer?
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- Can I use a photo of a celebrity without their permission?
- Can I display on the Internet my photos of paintings made before 1800?
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- Do we need permission from photographers to use their photos of our church?
- How do I get permission to use somebody else’s work?
- How can I find out who owns a copyright?
- Am I allowed to take photos of accidents to use as evidence?
- How can I obtain copies of someone else’s work and/or registration certificate?
- How much of someone else’s work can I use without getting permission?
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- My local copying store will not make reproductions of old family photographs. What can I do?
- Can I use, on my website, photos that I took at my full-time job?
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- In an ad campaign, can I use a photo I found on a website if I can’t find who owns the photo?
- Can I copyright a photo if I did not take it and it is over a 100 years old?
- What is copyright?
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- What does copyright protect?
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- Are copyrights transferable?
- Do I have to submit a form to transfer a copyright?
- Can I copyright a diary I found in my grandmother’s attic?
- What is a copyright notice? How do I put a copyright notice on my work?
- What is a work made for hire?
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Comments
Reply by Anonymous
August 8, 2019
I have pictures of my great great grandma in 1947, taken by her daughter. They’re both dead, and I’m the heir to the photos that have never been distributed. I also have family pictures taken in the 60s, author unknown but the photo subjects are still alive. Can I copyright these images?
Reply by Andrew Hudson, PhotoSecrets
October 17, 2019
Thanks for your comment. You cannot copyright them, as you were not the photographer and they were taken a long time ago. But you can use them.
Reply by Anonymous
February 1, 2016
I was denied copies of family photos I scanned by Walmart. The photos have no studio name/markings. Because of the people’s ages in the photos, I know they are at least 100 years old. They cited that I did not have permission from the photographer and they/I could be sued for $10,000 for my copies for my ancestor book. Is this legal and logical?
Reply by Andrew Hudson, PhotoSecrets
February 2, 2016
Hi. This is a common issue. See photocopying.
In a 1991 landmark case, Kinko’s was found liable for copyright infringement. Since then, Walmart and other photo companies have instituted copyright policies.
“Neither Walmart Photo Centers nor Walmart Digital Photo Center will copy a photograph that is signed, stamped, or otherwise identified by any photographer or studio, unless we are presented with a signed Copyright Release from the photographer or studio.
“In addition, we will not copy a photograph that appears to have been taken by a professional photographer or studio, even if it is not marked with any sort of copyright, unless we are presented with a signed Copyright Release from the photographer or studio.”
— Walmart, 2016
You could argue that the photos do not appear “to have been taken by a professional photographer or studio” and are thus not covered by Walmart‘s policy. You could also argue that the photos are clearly from before 1923 and thus have no copyright protection (they are in the “public domain”), although Walmart‘s policy does not include an exception for that.
You could try another company, such as an online printing service.
Reply by Anonymous
September 26, 2015
I have been collecting old photos, negatives and slides for years from yard sales, estate sales, auctions, etc. Most of the sales were due to the death of the owner and sold by family members or a third person on their behalf. I would like to publish some of the negatives and slides for profit. Can I register these as the new owner since I purchased them from the family?
Reply by Andrew Hudson, PhotoSecrets
January 12, 2016
No. You own the tangible photo prints, but you do no own the copyrights, so you cannot register the copyrights.
Photos taken from 1978 onwards in the U.S. automatically have copyright. So you cannot publish or license those photos without risking copyright infringement.
Photos taken before 1978 probably do not have copyright (unless marked), so copyright infringement is probably not an issue. However, recognizable people may have privacy/publicity rights.
It sounds like your photos are reasonably old, and the people in them may not be alive, so you might be OK to use them.
Note that I am not an attorney and this is not legal advice; consult a local lawyer for specific advice.
Reply by Anonymous
May 24, 2015
I have a picture of my wife taken in 1950. She was probably less than one year old when the picture was taken and is now deceased. The picture is starting to fall apart. I do not know who took the picture and there are no markings on it’s other side. I would like to get this picture digitally copied so I can save it and make a new copy. Is this possible to do?
Reply by Andrew Hudson, PhotoSecrets
May 29, 2015
DIGITAL COPY OF OLD PHOTO
Yes. Since there are no markings (such as a copyright notice), copyright was probably not registered or renewed. So the photo is in the public domain, free for anyone (including you) to copy.
Additionally, your use is probably personal (private) and not public, which may be considered a fair use.