Legal Question in Consumer Law in Colorado

Photographic copyrights pre-1940

I have purchased numerous pre-1940 original photographs. Most of these original images were taken for the purpose of newspaper press releases and for photo postcards. My intention is to digitally restore the original images and then reproduce and sell them. I am confused by the copyright law. It is my understanding that any photograph copyrighted and/or published prior to 1950 had a copyright of 28 years. It is also my understanding that the copyright was not automatically renewed but rather had to be renewed in the 28th year. If it was not renewed then it expired. If it was renewed then the copyright was extended for a toatl of 95 years which includes the first 28 years. Am I correct regarding the law?


Asked on 7/21/03, 1:37 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Photographic copyrights pre-1940

I suspect you'll need to go to a copyright or intellectual property attorney for an answer to this one. My understanding of hte patent and treademark area is limited. However, I believe with respect to the copyright issue, you are substantially correct in your analysis. You can check with the Registrar of Copyrights in Washington to find out if the photos were originally copyrighted and if the copyright was extended. You can do that at www.copyright.gov

Interestingly enough, you may acquire a copyright in the digitally restored photograph when you digitally restore it if what you do enhances the value of the work. You should probably check with a copyright lawyer on that one, however.

Keep in mind that before you sell any of these digitally remastered works, you should probably register a copyright (if you have one in the new works) before selling them.

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Answered on 7/21/03, 3:00 pm


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