TIP: Genealogy and Copyright
some great discussions on the matter
Answers
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Dennis, this is such a hot topic. Your first link touches on the hottest of topics: private photos we've inherited. So I have copied and pasted the quote below from your first link, and someone in a Facebook group brought to my attention that all my photos in FamilySearch and Ancestry were in violation of this. I apparently am in violation and can be prosecuted for all the photos I have uploaded. So for my 2nd great grandmother, see her 1870 wedding dress in the link at the bottom, here is the logic. Whoever took that photo likely died around 1910-1920. 1920 plus 120 years is 2040, and that is the year in which my photo should be first published. Of course, I absolutely refuse to comply, and have even - gasp - uploaded many photos taken in the 1950s and 1960s (not to mention many WW II photos.). This topic of copyright and genealogy can turn toxic fast.
- "Works created before January 1, 1978, but not published or registered by that date have been automatically brought under the statute and usually are protected for the same term as works created after that date (life of the author plus 70 or 95/120 years). Works in this category that were published on or before December 31, 2002, are protected until at least December 31, 2047."
https://www.familysearch.org/photos/artifacts/107109000?cid=mem_copy
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being in technical violation - and having any reasonable reason to believe you would be sued for damages - when the photographer is already deceased - are two completely different things.
In this area - I dont give any legal or non legal advice . . . for obvious reasons.
but unless there is money involved (you made money off the photo or someone had financial damages due to your actions) - the chances of any legal action are almost nil to none.
But of course that is not legal advice - and everyone makes decisions at their own risk.
Another thing is that many people assume just because they own something - that they control copyright.
That is also a myth.
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another interesting link:
https://www.legalgenealogist.com/2013/05/13/familysearch-sharing-is-forever/
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