Legal Question in Constitutional Law in Missouri
Copyright law and personal photographs
Can I make copies of family photographs that were originally made at a studio, but are no longer available for reprinting from that studio. (The studio does not keep the negatives after a 10 week period.) The pictures are for personal use to replace damaged photographs. Am I required to get written permission from the studio in order to use a photo copying system located in a local retail store?
2 Answers from Attorneys
Re: Copyright law and personal photographs
Unless the photographs are copyrighted, you may reproduce them for the purposes you describe without obtaining the studio's permission. They have no property rights in photographs paid for by others absent a copyright. There is no prohibition against using a commercial copy service.
Re: Copyright law and personal photographs
Unless the contract with the studio says otherwise, the photographs were probably what the law calls works-for-hire, and the person who paid for them would own the copyright. If you paid for them then there should be no problem. If another family member paid then you technically need their permission, but lawsuits from relatives over something like this are extremely unlikely.
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