Quote:
Originally Posted by ruth-gehrig
So how would I ever know if this negative was copyrighted and renewed? If it wasn't renewed does that mean whoever has the negative is more or less the owner? I guess others could always make a reprint from a copy made from my negative.
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You could contact the U.S. Copyright Office and have them perform a search for the image to determine whether it was registered, if so when, was it renewed, and what is its current status. I believe they charge an hourly fee for records searches.
I
think that for the 1923 to 1973 time period, the copyright term was 28 years and could be renewed for an additional 47 years which was later extended by 20 years for a total renewal of 67 years. So 1927 + 28 years + 67 years would be the year 2022 before it would pass into public domain IF all the renewal steps were taken. That's for the image itself, but there are other issues with reproducing MLB logos and player images that I don't know the specifics of.
That said though, you need to keep in mind that there is a big difference in "do I have the right to" and "can I get away with" when it comes to reprinting most old photos. If you do it the right way, and go through the proper channels to determine rights ownership and fees for reproducing the image itself, the team logos, individual player images, etc., I can pretty much guarantee you'll give up before ever selling your first print. That said though, nobody in their right mind is going to go to the expense of taking you to court over a couple of cheap prints of an image that they have rights to that you sold on eBay, which is why the eBay "RP" photo sellers can get away with it. Use the image in a multi-million dollar Microsoft ad campaign or something though, and you're looking at a whole different scenario in which the very well might come after you.
Bottom line though is that the whole "rights" issue is pretty complicated, and as with any kind of legal advice, you would do well to speak with someone who actually deals with this stuff on a professional basis (and doesn't have to preface everything with "I think" as I do).