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Can you share photos that were given to you?

Can you share photos that were given to you?

Posted: 4 Jul 2011 6:21PM GMT
Classification: Query
I was given many vintage photographs by a distant relative (now deceased) and would like to share them with others. But I do not know if I can put them on a website without the permission of the original owners. These may be considered private by some families. Any thoughts?

Re: Can you share photos that were given to you?

Posted: 5 Jul 2011 8:22AM GMT
Classification: Query
To the best of my knowledge copyright law for photos is as follows:
(Duration of copyright) "95 years after publication for works published 1923-1963 (Copyrights prior to 1923 have expired.)" [17 USC 304]

Or 30 years after the studio went out of business. Whichever comes first.

I have never YET heard of anyone getting into trouble for copyright infringement by posting a older photo on ancestry. (I don't post any pro photos taken in the last ten years myself.) I think that the company would ask you to take it down first.

As for if the person that gave them to you would want them shared...well first I would say it would depend on the contents of the photo. However, if they entrusted them to you then they trusted you to do with them as you believe is appropriate. I always ask if what I am about to share will help or harm.

Re: Can you share photos that were given to you?

Posted: 22 Jul 2011 7:37PM GMT
Classification: Query
Legally the copyright was held by the photographer or studio, not the person who owned them. Ownership doesn't give you copyright because you are copyrighting the creative work, not who has it. Since many photos have numerous copies, ownership wouldn't make sense for any kind of rights.
Unless the photo is of a living person there is no privacy issue. The dead have no rights, including privacy rights, and I'm sure they aren't objecting to you posting them online. If one heir to the subject(s) objects, how do the rest of the heirs feel about it, they have an equal say in it if it came down to that.

Re: Can you share photos that were given to you?

Posted: 15 Aug 2011 6:26AM GMT
Classification: Query
From my understanding as long as you do not remove a studio mark, make money from posting the photo, or claim it as your own you will not be breaking copyright. But I would still use caution with more recent photos like the other replies have said. Also as for privacy issues, if the photos are not personal private photos then there should be no real objections from anyone, especially if everyone in the photo is deceased. And the worst that could happen really is that someone asks you to take them down.

Re: Can you share photos that were given to you?

Posted: 28 Aug 2011 2:04AM GMT
Classification: Query
75 years and it's all fair game. You don't need permission to post photos online that are older than 75 years. You can post your photos here: http://www.deadfred.com/

Re: Can you share photos that were given to you?

Posted: 16 Aug 2014 4:38PM GMT
Classification: Query
" These may be considered private by some families. "

Then there is your answer.

If in doubt, don't.

You could also make a private tree and THEN upload the pix - and choose who to share them with. But once you put something online remember anyone can take it, re upload it with their own ancestor's name on it, or do anything else they want with it.
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