So really...

[thecatspajamas]

Originally Posted by Runscott

My understanding is that anything before 1923 (I think that's right) is public domain, so you don't own the copyright - no one does. But that doesn't matter - you have the only negative and you are the one creating the limited edition prints.

What's always baffled me is, while no one owns the printed image, do you own the scan of the printed image; i.e - can I use someone's scan of a pre-1923 image?

I would really like to hear from someone who actually knows the ins and outs of copyright law on this. Not to disparage the thoughts that others have given, but when it comes to legal matters, I tend not to rely on thoughts and opinions no matter how learned.

I'm pretty sure Runscott is correct on the pre-1923 images, but quickly lose my grip on things after that date. From what I have gleaned from my previous halting attempts to figure it out, the copyright of an photographic image (post-1923) is essentially retained by the photographer unless he specifically transfers it to someone else, regardless of whether he retains the original negatives or not. Apparently this even applies to anonymous snapshots taken by amateur photographers. How in the world you would research to find out who the photographer of a particular unmarked photo was, I have no idea.

I realize that for all practical purposes, there are many many images out there, sports-related or not, that if you used them commercially, the true copyright holder (or their heirs, if deceased) would either never run across the re-used image or realize their rights were infringed upon. I'd still like to know what SHOULD be done though, as well as what happens when unlawful copies of photos are made and sold (which I'm sure would be the case with 99% of the repros you see on eBay). Or rather I should say what would be the penalty if caught, as I am equally sure that most of the unauthorized repros on eBay and elsewhere "fly under the radar" so to speak and are never caught or reported.

I've got a lot of other related questions, but I'll stop typing unless someone with legitimate knowledge of copyright law volunteers to endure them