A question about posting an antique store photo

[BUFFIE]

Hello

I have come across a great B&W photo of a Sumpter Valley RY steam engine that I found in an antique store. Would it be appropriate to scan such photo and post if I stated that the photographer was unknown?

Thanks

[miningcamper1]

There is always some risk that someone will make a copyright infringement claim. Even the large online archives hedge a bit by stating "No known copyright restrictions".

If you own the print, and it's quite old, you are probably somewhat safer. Some who post old photos rely on the Fair Use Doctrine, but someone could still challenge that.

I'd love to know how often someone is actually sued for damages arising from an infringement claim!

[RobJor]

Originally Posted by BUFFIE

Hello

I have come across a great B&W photo of a Sumpter Valley RY steam engine that I found in an antique store. Would it be appropriate to scan such photo and post if I stated that the photographer was unknown?

Thanks

From RP's guidelines -

1. Please only upload photos that you have taken, or that you have the legal right to display (such as those passed down from a family member, those where you have legal possession of the original, etc.). We take copyright violations very seriously!
----------------------------------------------------

Several people I know go to train shows and there are boxes of B/W prints and he usually buys a few. They are usually VG quality and could be scanned well unlike some I have seen recently here but doubt that even if the owner were still alive, still had the original negative or proof of ownership they would assert any claim. However, as I read the guidelines, even if you knew the photographer's name, that would not be sufficient.

Bob

[bigbassloyd]

I would be very hesitant to post it on your account. By the RP guidelines, you do not have possession of the original (because prints are a copy). If someone tried to upload a print that they purchased of mine I would absolutely go after them and win easily. Granted, your print is much older but someone, somewhere probably has a claim to it.

Loyd L.

[BUFFIE]

Thanks for the guidance guys

I'll not post it, as I would not want to create an issue should someone claim the rights to it.

Cheers

DB

[Grewup on the CW]

What about original slides and photographer is unknown?

[RobJor]

Originally Posted by Grewup on the CW

What about original slides and photographer is unknown?

PhotoID: 685710 Photograph © Roger Lalonde

I am going to guess someone will say the original photographer still owns the rights but a lot of these will be traders and can't really see anyone making a claim?

Just use collection in search.

Bob

[bigbassloyd]

Originally Posted by Grewup on the CW

What about original slides and photographer is unknown?

If you hold the original then you're less likely to run into issues by posting it. This would be especially true for older content.

Loyd L.