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Old 02-17-2008, 02:50 PM
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Default rights to use of vintage photographs?

Posted By: Corey R. Shanus

What was said about 19th century photographs I think needs some amplification. While the original image is no longer protected by copyright, certain REPRODUCTIONS of them may be. For example, in Ken Burns book "Baseball" is depicted the daguerreotype of Cartwright with the Knicerbockers. I do not believe you would be able to make up, say, a business card depicting this reproduction of Burns. He has copyrighted it. You would have to find another image of the Knickerbocker dag that is not under copyright protection. Where David's point is most applicable concerns the owners of the original 19th images. They can reproduce to their hearts delight because they are basing their reproductions on the original images, which are no longer under copyright protection.

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