Question about photo copyright

Question

I have purchased the reprint of the book written by J.B.O. Landrum which was originally 2 volumes and reprinted by Forgotten Books.  In the book are several photos or drawings of some of my ancestors.  

The original book was published in 1900, does the reprint company now have copyright, or since the photos/drawings were done more than 120 years ago are they now public domain?

Thanks in advance, I just want to make sure so I don't get myself in trouble!

Nanette

Answer 1

copyright law has a simple answer:

"Personal use is when an individual uses a copyrighted work for private purposes, such as learning or entertainment. Personal use is a right given in the Copyright Clause of the U.S. Constitution."

https://www.google.com/search?client=firefox-b-1-d&q=one+person+pesonal+use+copyright+law

Comments

I don't want it for personal use, I want to post it on the profile on WikiTree.

---

posting it on WikiTree is personal use... it is non profit  and educational

***I just learned that WikiTree is not non profit but the personal use clause of copyright law still applies***

https://www.wikitree.com/wiki/Help:FAQ#Is_WikiTree_non-profit.3F

---

Very good!  Thank  you so much!  I didn't realize that since it's a website I assumed it wasn't personal.

---

Just FYI: Is WikiTree non-profit? on the FAQ page says WT is not a non-profit and this G2G thread on a similar question may be helpful.

Answer 2

Their help page says "The original books may be public domain but all Forgotten Books editions are derivative works and are under copyright."

Comments

Thanks!  But I am interested in the images, not the text...

---

I'm no lawyer, but my assumption is that this applies to images in the book as well as the text.

Answer 3

Nannette,

I'm not a lawyer, but the question is a good one because there is a lot of confusion.  Here is something I found:

C.S. Friedman

 · 

Follow

Science Fiction and Fantasy novelist3y

Personal use usually means you can’t give out copies, use it for business purposes, assign it to an organization, or make money from it. It’s just for you.

People who license their work generally charge more for a license with business options.

So the answer is no, “personal use” means “not for business use.”

Then I found This:

How long does a copyright last?

The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics.

Do I have to renew my copyright?

No. Works created on or after January 1, 1978, are not subject to renewal registration. As to works published or registered prior to January 1, 1978, renewal registration is optional after 28 years but does provide certain legal advantages. For information on how to file a renewal application as well as the legal benefit for doing so, see Circular 15, Renewal of Copyright, and Circular 15a, Duration of Copyright.

Based on the above, those who put a publicity picture of a movie star in a profile that was taken in 1938 (for example) probably isn't going to get in trouble.

Answer 4

WikiTree’s stance is discussed on the Photos FAQ page