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Do I need permission to publish 100 year old photographs in a book?

Sent to Legal Experts April 13 2007 at 4:08 PM
   

The photographs were taken at the turn of the 20th century in Austria.

 

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April 13 2007 at 4:21 PM (13 minutes and 11 seconds later)
         
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April 13 2007 at 4:34 PM (12 minutes and 35 seconds later)
         
The photos are of the subject of a biography (a book)about the psychoanalyst and researcher, Dr. Margaret Mahler. Is this considered research?
                      Thank you,
                           Alma H. Bond, Ph.D.
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April 13 2007 at 4:47 PM (12 minutes and 43 seconds later)
         
ACCEPTEDCheck Mark

Unfortunately, no it would be not. Do you know the current copyright owner of the photographs?

"Fair use" is tricky, particularly when used for a commercial product, and the works are previously unpublished.

Please see below fro more information:

http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-b.html

http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-d.html

 

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May 29 2007 at 3:30 PM (45 days and 22 hours later)
         
Relist: I still need help.
Can you help me obtain Permissions to use a photo from the turn of the 20th century, taken in Hungary, in my biography of Dr. Margaret Mahler? I have the name of the photographer.
You have been very helpful to me.                                         & nbsp;                                          ;              Thank you,                                                                                   &nbs p;                              Alma H. Bond, Ph.D.
Customer (name blocked for privacy)
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May 29 2007 at 3:38 PM (7 minutes and 48 seconds later)
         
How can I get Permissions to use a photo from the turn of the 20th century, taken in Hungary, in my biography of Dr. Margaret Mahler? I have the name of the photographer, who is no longer listed in worldwide photograhers. I need to know who to request Permissions from, as I'm sure the photographer is long dead.
Customer (name blocked for privacy)
Info Request
May 29 2007 at 4:13 PM (35 minutes and 9 seconds later)
         

Hello and welcome back.

What is the name of the photographer, please?

 

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May 29 2007 at 4:33 PM (19 minutes and 8 seconds later)
         
Bruchner. The only other information given is that the photographer was from Germany.
Customer (name blocked for privacy)
Info Request
May 29 2007 at 4:44 PM (10 minutes and 57 seconds later)
         
By "long dead" do you think that perhaps that he could have died more than 70 years ago? Do you know if the photographs were published elsewhere?
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May 29 2007 at 4:53 PM (9 minutes and 37 seconds later)
         
He may well have died more than 70 years ago, since he was an adult in 1902, but I have no way of knowing. I don't believe the photo was ever published elsewhere.
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Info Request
May 29 2007 at 5:01 PM (7 minutes and 42 seconds later)
         
REPLIED to Info RequestCheck Mark

Ok. Do you know his first name, and how did you come to possess the photographs? Are they originals or reprints?

 

 

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May 29 2007 at 5:11 PM (9 minutes and 42 seconds later)
         
Reply to Jen Sterling's Post:

There are some initials I can't make out. They may be C and Z. The original portrait is at Yale University Library, Department of Manuscripts and Archives, where I researched my book. But they have no more information about it than I do, as I have asked.

I have tried to copy the photo and inscription for you, but am unable to.

Customer (name blocked for privacy)
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May 29 2007 at 5:22 PM (11 minutes and 54 seconds later)
         
graphicThis is the best I can do, in trying to copy the photo.
Customer (name blocked for privacy)
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May 29 2007 at 6:12 PM (49 minutes and 14 seconds later)
         
If you are unable to find this information at this late date, do you think a disclaimer such as "I have tried all alternatives, but am unable to contact the possible copyright holder of the portrait. Should anyone have this information, I would gladly include it in future editons of the book" would do?
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May 29 2007 at 7:01 PM (49 minutes and 36 seconds later)
         
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