Digital photo collections

[DB601E]

Hi,

it did a while ago some resach about photgraphs and copyright. As far as i understand german law, (which is not as easy sometimes) it seems to be like this:

First there is a different between art and normal photos. (Also photos can be considered as artwork if special technics, like an extraordinary illumination has been used.)
And there is of course a difference about the "ownership" and "the right to use" the picture.

For "normal" photos:

Copyright of the pictures has always the person taking the pictures, you are allowed to use them after 50 years, if they have been not LEGALLY (with agreement and knowlegde of the photographer) published before.
If the picture has been published, there is a copyright for 50 years after first publication of the pictures.

This means for example in some cases:
A picture has been in a private collection for 49 years, then it will be published with the with agreement and knowlegde of the photographer the first time in a newspaper or book. Than there are again 50 years of copyright. So in this case, there is a max. copyright of 99 years possible.

Finally this concerns only german law.
http://dejure.org/gesetze/UrhG/72.html

Finally, some editors of newspapers and books sadly doesn't worry much about the rights of old pictures, as the risk is low, the "owner" will be still alive and takes notice about. Secondly the fee for unauthoriced publication, depending on the number of prints, is normally not very expensive. (Normally about the double price of a standard charge).

There are still some question, how website publishing is evaluated concerning the "views", if they are equal to evaluate like prints.

Regards

Lino