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BetterPhoto Q&A
Category: Getting Model Releases

Photography Question 

Liza M. Franco 		 

Is Photo Restoration Legal?


Can I do photo restoration copies without crossing the line of copyright infringement? I do a lot of work in PS and am frequently called upon to do photo restorations. I either have to scan or photograph the existing photo and then do the repairs and print a corrected version. I have read that photos either 50 or 75 years old do not need a copyright release to be copied, so I'm assuming those are safe, but what about ones that are more recent and have been damaged? So many people have tried to contact the original photographer for permission and find that they are no longer in business or just can't be found. My intent is not to copy someone else's work, only to repair a damaged family keepsake. I don't want to break any rules, so I figure this would be a good place to find an answer. Anyone have input on this one?


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July 08, 2005

 

Nicole Kessel 		  Hi, Liza. I work for a photo lab here in Ohio and our digital lab does a lot of photo restorations. We usually tell the customers that the photograph needs to be the 75 years old, as a general rule. But, if an attempt has been made to contact the photographer and the photograph is fairly old, we let the customer sign a copyright release, which lets them take the responsibility of any copyright violations that may occur. You may be able to do the same. Hope this helps ...


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July 09, 2005

 

Liza M. Franco 		  Nicole, is this a standard copy release or is there a specific kind for this purpose? I see companies that advertise this kind of work all the time but have never noticed anything about a copyright release and really started getting wondering if it was OK for me to be doing this kind of work. I like the way your lab does it, I think that is a great idea. Thanks for your help.


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July 09, 2005

 

Karl P 		  Visit www.copyright.gov for more details - especially the Publications section. I work at Wolf Camera, and our policy is quite strict. There are heavy fines for copyright infringement. Essentially, if it's a professionally done photo (studio, wedding photog, Sears portrait, school portrait, etc.), you can't copy it. If they have a release signed by the photographer, then you can proceed. Beware of people making up their own fake releases. Images prior to 1978 - where the studio is out of business - we have them sign a form. Prior to 1938, no release is needed. See the Web site above for full info!


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July 12, 2005

 

Nicole Kessel 		  It is just a standard copyright that we use for all copy purposes. If there is a stamp of some sort on it, we sometimes even try to call the photographer ourselves before it is OK'd. We have had many photographers give us the go-ahead to copy simply because they were so pleased that we actually contacted them. You will probably still want to check into the legal aspects of it all as Karl suggested. Better safe then sorry! Good Luck!


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July 13, 2005

 

Liza M. Franco 		  Thanks, Nicole and Karl. It is a really touchy subject. Personally, as a photographer, if someone was just fixing a damaged photo that I had taken, I wouldn't mind in the least. I think there is a big difference between fixing damage and just outright copying someone's photo just to get around having to pay a studio for reprints. I'm sure we have all encountered those who have had portraits taken and then just automatically think the photos are then their property and they own the rights - not realizing that the copyright still belongs to the photographer. I deal with this all the time. I've gotten to the point of actually having clients sign a paper stating that this has been explained to them. I'll just proceed cautiously and try to check dates get them to sign a release as you've suggested. Thanks for your input.


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July 13, 2005

 

Craig Salmond 		  Does anybody have an example of a form I could use as a copyright release or know where I could find one?


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July 19, 2005

 

Brinn MacDougall 		 
 
 
This is a bit off the subject, but I was wondering about selling images. I do take macro shots of items I find in local garden centers. I ask for permission first. I change the colors and textures of the subject. I was told I wasn't allowed to sell the item because it didn't show any background of the item. The person that created the item is long gone, and the items are for sell in stores. If I had a release from the store, can I sell it then?


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July 21, 2005

 

Brendan Knell 		  Brinn, if it was the store that owned the copyright, then it should be the store that you get a release from. But I doubt that it's the store that owns the copyright, so you would have to find that person and get the release form them.


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July 21, 2005

 

Brinn MacDougall 		 
 
 
Thank you, Brendan..most of the items are imported and condsidered "folk Art" there's no way to get a release. Thanks anyway..


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July 21, 2005

 
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