Old photo - copyright question..Help needed pls

[Someone-pink]

I have come to this forum searching some help from people who are in the know!

To cut a long story short. My husband lost his father at a very young age and sadly all photos of him were sadly destroyed. We were delighted recently to uncover an old box with a photo of his father. It's a very old wedding photo (the type the photographer gave you so that you could pick which ones you wanted to buy). It's about 4x6 but the bottom of it has been torn and it also has a white circle in the bottom corner with a number in obviously so the photographer could identify the photo number.

On the back it says copyright of and a company name and location/address. It's a local company and we know the address. The photographers are no longer there. We have goggled and they don't seem to exist anymore. The photo is from about 50 years ago.

For my husbands birthday I really want to get this photo blown up slightly larger and framed (I know it won't be amazing quality but it would mean a lot to him). I don't have much knowledge on this but know that as it's copyrighted I can't do much without the photographers say so. I spoke to a photo shop who told me I needed a letter giving permission from the photographer. I doubt the photographer is even alive anymore. Where do I stand? Is there anything I can do? Thanks to anyone who can give me some advise.

 

[mho]

The photo is technically still under copyright given the time scale you suggest, but if you can prove you have tried to trace the copyright holder , and have no luck. I would go ahead and get it copied.

 

[Someone-pink]

Thanks for your reply. You have given me hope that it's possible. Problem is the shop local to me said they would get fined if they did it without permission. I'm going to have to try another maybe I will suggest they google it too so they can see the photographer is not traceable.

 

[TheBigYin]

Frankly, If I was sure that the company was no longer in business (i.e. you've taken every reasonable method of checking for their existance), I'd get a friend to scan the photograph at 600 or 900 dpi, and re-touch it in photoshop to remove the shops "watermark" and fill in the torn corner. Then simply get the digital file printed at the size you want at one of the online printing services.

(600dpi scan would allow a 8x12" print, 900 dpi scan a 12x18" - and if it's a decent scanner, frankly there'd be very little quality loss - i've done A3 sized prints from a 3x5 black and white wet print before now...)

 

[Steve Smith]

Problem is the shop local to me said they would get fined if they did it without permission. .

That's complete nonsense for two reasons:

1. If you can't find the photographer then the photographer is not likely to find out that you have made a copy of a photograph which they stopped being interested in 50 years ago. Only the owner of the copyright can bring an infringement case and that is not going to happen.

2. The shop is just a sub contractor. You as the customer take on the responsibility for any copyright infringement - however, see No. 1 above!


Steve.

 

[ChrisR]

... and in this kind of example copyright is a civil court matter, not a criminal issue, so no fines.

I haven't kept up with the recent copyright law changes as regards images, but I seem to remember proposals to increase the range of fair dealing towards personal use, which would seem to cover this case. Very different if you're taking revenue from someone, or making money yourself.

Mark ( @TheBigYin ) is right, get someone to scan and print it.