Are Old Family Photos Copyrighted? What you need to know

I recently did a podcast about my 2nd great step grandmother, Rose Plovie and in the video, for educational and historical purposes, I included a family photo from 1962, that was of MY family. I had a copy that was given to me by my Great Uncle nearly 30 years ago and another one, a family member, who I haven't spoken to in nearly 20 years, and never met in person, had given to me. I remember in the email I said kindly "Thank you, lovely to finally see a photo".  At the time I nearly forgotten I had the other raw copy as I had moved houses and all my old family photos were in a box.

Fast Forward, the family member saw the video and sent me a long paragraph, with part of the photo is copyrighted. I was stunned that out of the blue, a family member was...

1. Upset that I was doing a podcast on a True Crime story, that was directly to my family as it was about my 2nd great grandparents 

and

2. Why did it matter if I used a photo, that yes, she gave me a copy but I also had a raw copy and honestly when I was doing the podcast video, I didn't think about what she had sent me via email many many years ago. I was using what was directly given to me by my great- Uncle, who said that once I discover the truth, I can write the book and tell the story and use the photos. I made sure I had permission long before he passed. He told me , like many family members tell me that I am one of the few who have interest in family history and it is great that I am the 'storyteller' of the family. - and also a cousin, who this family member did not know, showed me a photo album with that same photo in it. So who took the photo? The question is we will never know because they passed. So we have three people who have raw photos of the same one. And I think at this time the photo in question falls under "Fair Use- Educational Purposes Only"- which is what my intention of the photos are for.

I always make sure I am the original owner of all photos, my great Uncle has passed away. When he was alive, he gave me the photos, so now I am to owner of the photos. Now, that family member I never hear from, we lost contact many years ago. I forgot we were friends on social media as there has been zero communication. That is why I was a little shocked how upset the person was.

A lesson about Old Family Photos & Copyright:

When it comes to determining whether an image is copyrighted or not, there are a few key factors that should be taken into consideration. First and foremost, copyright can only be established if the image was first created after January 1st, 1978. Before this date, any image created before was not eligible for copyright protection due to a lack of technology at the time they were created. Similarly, public domain images are not protected under image copyright laws because they have been made free of any ownership claims by either creator or publisher.

Furthermore, image copyrights are only valid if the image has been registered with the U.S Copyright Office before being published or distributed commercially—meaning registration must occur before display on websites/social media platforms or physical publication in books/magazines/etc. This registration provides additional benefits beyond just copyright protection; it establishes legal proof of ownership which can be used in court if needed.

It is important for everyone – professional photographers and casual photographers alike – to understand image copyrights and how they apply to them so they can take full advantage of all the protections offered by copyright law while also avoiding potential legal issues concerning unauthorized usage of someone else’s work. With copyright laws constantly changing all those involved must stay up-to-date on current regulations so they can ensure the safety and integrity of their imagery as well as gain maximum financial benefit from its use.

Can Old Family Photos Be Copyrighted?

Yes, family photos can be copyrighted. Copyright laws are designed to protect the image-based works of creators, regardless of whether it is a professional photograph or an image of your family – as long as it was created after January 1st, 1978. This copyright protection gives image creators exclusive control over their work and the ability to commercially exploit it while also preventing others from using it without permission.

For a photo to be eligible for copyright protection, it must have been created after 1978 and registered with the US Copyright Office before being published or distributed. Without proper registration, the image may not be eligible for copyright protection and could be subject to unauthorized use by someone else. Image creators must understand these laws to take full advantage of image copyright protections and avoid potential legal issues down the line.

In addition to offering image creators legal protection for their creations, image copyrights also help preserve cultural heritage by preventing images from being misrepresented or used in ways that could damage their intended meaning and purpose. By properly registering one’s work with the US Copyright Office, image creators can maintain control over how their images are used so they can ensure that their work will not be misused or taken advantage of.

At the same time, image copyrights are also important for allowing image creators to benefit financially from their works by receiving payment for any usage or reproduction of it—both online and off. This provides additional incentive for image creators to follow copyright laws as well as encourages them to create new and unique works without fear of someone else taking advantage of them financially.

Image copyrights are an important tool that provides legal protection while also preserving cultural heritage and offering financial benefits to image creators. Understanding these rules is essential to ensure both compliance with copyright law and maximum financial gain from one’s images. With this knowledge in hand, image creators can safeguard themselves against potential legal issues while still benefiting monetarily from their hard work.

Will I Get Copyright Infringement for Sharing an Old Family Photo Online?

This is where it gets interesting.

While it is unlikely that image creators will face copyright infringement for sharing old family photos online, tracking down the image’s owner is still a good idea. This is especially true if the image has any potential value or could be used as part of a commercial endeavor. Not only will this help ensure that image creators are operating within legal boundaries, but it can also help preserve valuable cultural heritage by preventing any misappropriation or other forms of misuse of the image.

When attempting to track down an image’s owner, image users should first attempt to find out who created the image. This can often be done by researching sources such as historical archives, photo archives, or public records. Additionally, if the image was taken before 1978 then there is an additional layer of copyright protection in place and users must obtain permission from both the creator and the copyright holder before using it for any purpose.

Photos taken and sold before 1978 in the U.S., get copyright protection from the 1909 Copyright Act, which requires registration and copyright notice. Since the photo you have does not include copyright info, it may be that the photo does not have copyright. Thus you would be free to make a copy for any purpose.

Even if the photo did have copyright protection, it does not appear that copying the work for private use would affect the market for the photo (since there is no market and no photographer to capitalize on the market), so your use may be considered fair use.

If neither the creator nor copyright holder can be found then image users should consider whether or not their intended use falls under Fair Use exemptions which allow for certain uses of copyrighted images without permission from either party. While these exemptions vary depending on the jurisdiction, some common uses include educational use, parody/commentary, and news reporting/journalism. If none of these exceptions apply then it may be best to avoid using the image altogether as doing so could potentially open up image users to legal action such as copyright infringement lawsuits.

Additionally, even if an old family photo does not have any clear monetary value but still contains cultural significance then it may be wise to err on the side of caution when considering its use by obtaining permission from all involved parties before publishing it online or employing it in any commercial endeavor. By doing so, image users can avoid potential legal issues while ensuring that cultural heritage is preserved accurately and with respect due to its original meaning and purpose.

So there is the answer. The image in question was from 1962. It was of my 3rd great Uncle, who helped raise my great grandmother and her two brothers, in addition, he also was like a great-grandpa for my dad and uncle. The family was very close until my grandparents divorced. Although my grandma , who was not related to the family, remained close and I had so many family stories to tell.

With that said, the sticky situation was this, as stated at the start of the email, All images I used came from my Great Uncle's photos, who handed them to me when I was 19 (I am now 44 years old). While the family member did send me a duplicate photo, and at the time I forgot about all the photos my great Uncle gave me, my mind was not about the family member. Regardless, all photos fall under Fair Use- educational purposes only. I am not intended on making money of of the podcast as there are no ads.

With that said, I put a disclaimer in all videos, stating that, as that is what a person should do. They are of my family. I am a storyteller. I am a single mom and this is my business. Finally, to any friends or family, there is no reason to talk down to another the way this family member did. I was honestly hurt at the the tone was of the message that person sent to me, lecturing me like I was in school and needed a detention. 

That. family member should have been a lot kinder, and also should have asked me to write 'fair use' which I did. The family member should have also not been upset over that photo. Again more than one person in the family had raw photos of the same one. I also know another cousin, who this family member doesn't know, has the same photo in their photo album as I had seen it man years ago, she has since passed.

So who took the photo? Who was the original owner? That is the question and we will never know. To claim copyright on a family photo, when nobody knows who took it, because you might have a copy of it is silly. So let's be kinder to each other and say, 'fair use for educational purposes only'