Hello Again-
After reading conflicting information online from various sources on this topic and becoming completely confused, I decided to write to the Copyright Office at the U.S. Library of Congress (
www.copyright.gov). I asked them if copyright protection / publishing rights still apply to WWII photographs and if someone were to buy or an original unpublished picture, if the new owner of the image claim any rights to it. Here is the reply:
"Publishing rights are only one in the bundle of the exclusive rights that
comprise copyright. See http://www.copyright.gov/circs/circ1.html#wci
A work created before 1978, but never published or registered, would be
protected for the lifetime of the author (photographer) plus 70 years. However, Section 105 of the US copyright law provides that copyright protection is not available for any "work of the United States Government", which is defined as "a work prepared by an employee of the government within the scope of his employment." Thus, if the photo was taken by a member of the military services as part of his duties during the war, it would not be protected by copyright.
On the other hand, a photo taken by a serviceman not specifically "employed" to take photos would be subject to protection.
If the photographer is no longer living, the rights in the photograph are
determined by the photographer's will, or passed as personal property by the applicable laws of intestate succession. Mere ownership or acquisition of a photograph does not give the possessor the copyright. The law provides that transfer of ownership of the physical copy does not of
itself convey any rights in the copyright.
For further information on copyright duration in the US and how to assess
copyright status, please see http://www.copyright.gov/circs/circ15a.html,
http://www.copyright.gov/circs/circ15t.html and
http://www.copyright.gov/circs/circ22.html. "
Please keep in mind that this only applies to the U.S. and the laws may be very different in other countries.
-Eric Zemper