Legal Question in Intellectual Property in New York

Vintage Photos.

I collect vintage/antique snapshots and studio portraits.

Most, if not all, of them have no writing on the back, or

dates, studio companies, etc. I purchase them at flea

markets from people who find them elsewhere. I don't

believe any of the photos have ever been published. If I

were to use the image whole in a piece of art or collage,

would I be violating any copyright laws? Or would I have to

use only parts of the images to adhere to the ''fair use''


Asked on 4/01/03, 6:57 pm

1 Answer from Attorneys
Geoffrey G. Gussis, Esq. Riker, Danzig LLP

Re: Vintage Photos.

Provided that the copyrights are still in full force and effect, you would probably be infringing on the rights of third parties. This would still apply even if you transformed the works into a different format. You should also note that there may be rights of publicity that apply with regard to the individuals (or the characteristics of an individual) depicted in the photos. There may be some "fair use" exceptions to what you are doing, but that determination would be highly fact-specific.

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Answered on 4/01/03, 7:02 pm


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