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Subject:
From:
Greg Graham <[log in to unmask]>
Reply To:
Museum discussion list <[log in to unmask]>
Date:
Wed, 4 Jun 1997 00:44:52 -0400
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Hi List,
   Jeff Morris of the Provincetown Museum asked about copyright on historic
photographs in collection.
He is right to ask since in general a written instrument (eg contract,
permission letter, etc) is necessary to use an existing copyright. If no
written intsrument exists in the museum files, then one should never assume
permission.
  However an important question in regards to historic images is whether or
not copyright has expired. Under copyright laws of most countries copyright
exists for a period of fifty years following death of the author (artist,
creator, film director,). Some exceptions exist, for example Canadian law
stipulated that
in the case of a photograph, copyright exists for fifty years from fixing of
image.
  For photographs from 1890 one can assume that they have passed into public
domain. For photos from this centurary it is important to identify the
photographer and establish whether they are living or not, and if deceased
the date of death.
  To get permissions in the case of living or recently deseased american
photographers and or artists contact Dr. Ted Feder of the Artists Rights
Society, for Canadian artists you can query CARFAC or in Quebec, RAAV,
through me.

Hoping this helps,
           -- Greg Graham

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