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Usage of an old photo with expired copyright


What's “fair use” for borrowing someone else's invented term?Are music lyrics copyrighted?How to publish public domain books?Dealing with potential copyright issues: mangaDoes copyright law let me publish my detailed notes of someone else's speech?How to license my translation to be published under my copyright?Can a copyright be shared with narrator and ilustrator?Retelling old storiesCan I quote an infamous line from a satire written in the 18th century in my novel?At what point is permission needed to reference meta-characters and works in my own?













2















I would like to use an old photo/postcard (example 1, example 2) for a non-commercial poster. The photo would illustrate a map. The copyright of the original photo has already expired.



However, since someone else has scanned the photo, do I require explicitly permission from the "file owner" beside citing the source?



I am residing in Canada.










share|improve this question









New contributor




Thomas Zuberbühler is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.




















  • Do you know if the copy you have has benefitted from any digital enhancement? Did the person who scanned it clean it up at all?

    – Monica Cellio
    2 hours ago











  • Unfortunately I don't know. I don't think so but I can't be sure. It's actually the two linked photos I would like to add to the poster.

    – Thomas Zuberbühler
    1 hour ago











  • Unless carefully stored away from sunlight, silver haliod prints lose some detail over time - fading in the sun. That one looks like it was either restored or kept away from sunlight

    – Rasdashan
    1 hour ago















2















I would like to use an old photo/postcard (example 1, example 2) for a non-commercial poster. The photo would illustrate a map. The copyright of the original photo has already expired.



However, since someone else has scanned the photo, do I require explicitly permission from the "file owner" beside citing the source?



I am residing in Canada.










share|improve this question









New contributor




Thomas Zuberbühler is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.




















  • Do you know if the copy you have has benefitted from any digital enhancement? Did the person who scanned it clean it up at all?

    – Monica Cellio
    2 hours ago











  • Unfortunately I don't know. I don't think so but I can't be sure. It's actually the two linked photos I would like to add to the poster.

    – Thomas Zuberbühler
    1 hour ago











  • Unless carefully stored away from sunlight, silver haliod prints lose some detail over time - fading in the sun. That one looks like it was either restored or kept away from sunlight

    – Rasdashan
    1 hour ago













2












2








2








I would like to use an old photo/postcard (example 1, example 2) for a non-commercial poster. The photo would illustrate a map. The copyright of the original photo has already expired.



However, since someone else has scanned the photo, do I require explicitly permission from the "file owner" beside citing the source?



I am residing in Canada.










share|improve this question









New contributor




Thomas Zuberbühler is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.












I would like to use an old photo/postcard (example 1, example 2) for a non-commercial poster. The photo would illustrate a map. The copyright of the original photo has already expired.



However, since someone else has scanned the photo, do I require explicitly permission from the "file owner" beside citing the source?



I am residing in Canada.







copyright artwork international






share|improve this question









New contributor




Thomas Zuberbühler is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.











share|improve this question









New contributor




Thomas Zuberbühler is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.









share|improve this question




share|improve this question








edited 30 mins ago









Cyn

14.5k13272




14.5k13272






New contributor




Thomas Zuberbühler is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.









asked 2 hours ago









Thomas ZuberbühlerThomas Zuberbühler

1135




1135




New contributor




Thomas Zuberbühler is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.





New contributor





Thomas Zuberbühler is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.






Thomas Zuberbühler is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.












  • Do you know if the copy you have has benefitted from any digital enhancement? Did the person who scanned it clean it up at all?

    – Monica Cellio
    2 hours ago











  • Unfortunately I don't know. I don't think so but I can't be sure. It's actually the two linked photos I would like to add to the poster.

    – Thomas Zuberbühler
    1 hour ago











  • Unless carefully stored away from sunlight, silver haliod prints lose some detail over time - fading in the sun. That one looks like it was either restored or kept away from sunlight

    – Rasdashan
    1 hour ago

















  • Do you know if the copy you have has benefitted from any digital enhancement? Did the person who scanned it clean it up at all?

    – Monica Cellio
    2 hours ago











  • Unfortunately I don't know. I don't think so but I can't be sure. It's actually the two linked photos I would like to add to the poster.

    – Thomas Zuberbühler
    1 hour ago











  • Unless carefully stored away from sunlight, silver haliod prints lose some detail over time - fading in the sun. That one looks like it was either restored or kept away from sunlight

    – Rasdashan
    1 hour ago
















Do you know if the copy you have has benefitted from any digital enhancement? Did the person who scanned it clean it up at all?

– Monica Cellio
2 hours ago





Do you know if the copy you have has benefitted from any digital enhancement? Did the person who scanned it clean it up at all?

– Monica Cellio
2 hours ago













Unfortunately I don't know. I don't think so but I can't be sure. It's actually the two linked photos I would like to add to the poster.

– Thomas Zuberbühler
1 hour ago





Unfortunately I don't know. I don't think so but I can't be sure. It's actually the two linked photos I would like to add to the poster.

– Thomas Zuberbühler
1 hour ago













Unless carefully stored away from sunlight, silver haliod prints lose some detail over time - fading in the sun. That one looks like it was either restored or kept away from sunlight

– Rasdashan
1 hour ago





Unless carefully stored away from sunlight, silver haliod prints lose some detail over time - fading in the sun. That one looks like it was either restored or kept away from sunlight

– Rasdashan
1 hour ago










3 Answers
3






active

oldest

votes


















2














Contacting a legal professional familiar with Canadian copyright law is strongly advised - The act of scanning a work frequently establishes a new copyright of that scan, and is not something easily decided by a quick paragraph from a random website. So while you may scan a public domain document and freely use it as you wish, you often can't download someone else's scan of the same document.



Also, keep in mind the dates involved! You would want to be very careful on looking into the image in question and the actual legal standing of copyright on material from that era.



  • Canadian copyright is currently established as 50 years After The Death Of the Creator. The 20's may be covered by a different law that would allow an earlier expiry on the copyright, but you would have to be sure the photographer passed away before the 60s to safely assume the image has lapsed into public domain here.

And you would also have to check if the rights were defined by Canadian law - If the image was actually produced by someone from another country, they potentially took the rights back to that country when they left and may be respected under copyright treaty.



All that said, contacting the hosts to track down any copyright holder and asking permission is likely your best bet in any case, just do your best to confirm that whoever actually holds the rights is giving you permission - Holding the photo isn't the same as the copyright.






share|improve this answer
































    1














    That photograph is very clean for such a vintage photo. I used photoshop to clean up my grandparents’ wedding photo and ended up with a result with the same clarity. Ninety two years dropped away and details emerged that had seemed to have been lost.



    I would suggest contacting the person who scanned it. If they did clean it up, that is quite the task and deserves the respect of an inquiry. Just ask their permission.



    It says that it is described in a book, so it has been used before.






    share|improve this answer






























      0














      Follow the rules set out on the page you want to copy from.



      The railway schedule is part of the Bob MacIntosh Collection.




      Bob has given the DARDPI wiki permission to use his image collection
      and for individuals to enjoy them for their own personal study of the
      D.A.R. Bob MacIntosh reserves all rights on his image collection for
      any commercial use and forbids the use of these images on any other
      site without his express permission.




      The train picture comes from a book, Canadian Pacific's Dominion Atlantic Railway, Vol 2.




      Both volumes are 26 pages inside. Each 8 1/2 x 11 page is a full sized
      photograph with description. Nearly every photo is the first time in
      print. Excellent photos and excellent details on the descriptions.




      You can't just say "oh the copyright has expired" because you don't know if that's true. Items do pass into the public domain but not necessarily in straight-forward ways. For example the train schedule itself is almost certainly public domain (and probably was never copyrighted) but the scan or photo of it belongs to the person who took it. Which was a lot more recently (and might be Bob MacIntosh). Just like a picture of an old public building belongs to the person who took it.



      The train picture is from the 1920's but the one on the site belongs to Ken McIlvoy. If you could get another original, you'd maybe be fine. In the US, anything from 1923 or earlier, that otherwise would have qualified for public domain, is now in the public domain. For other works, it can be a lot more complicated. In Canada, works enter public domain 50 years after the death of the artist/writer. I would not assume that the photographer died before 1969, or that the copyright has lapsed for any other reason.



      But what you want to use is a photo of that photo. Here's what Canadian law has to say about that:




      Many websites provide access to digital reproductions of works that
      are in the Public Domain. For instance, the websites of museums and
      art galleries often include online collections of images, and many of
      these images depict manuscripts, paintings, sculptures, and other
      creative works that are in the Public Domain.



      Although the act of digitizing a Public Domain work is not itself
      sufficient to create a new, copyrighted version of the original work,
      it is important to exercise caution when using such digital
      reproductions, as they are often made available subject to terms and
      conditions in legally enforceable license agreements.



      More specifically, if a website’s terms of use specifically restrict
      the ways in which you can use the website’s content, then these
      restrictions would prevail over your right to use that content in
      accordance with the Copyright Act. For example, if a museum’s website
      includes an image of a painting that is in the Public Domain, but the
      website’s terms of use prohibit you from copying or distributing the
      image, then you must abide by this restriction.




      In other words, follow the rules of the page you got it from. If you aren't sure, ask.






      share|improve this answer






















        Your Answer








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        3 Answers
        3






        active

        oldest

        votes








        3 Answers
        3






        active

        oldest

        votes









        active

        oldest

        votes






        active

        oldest

        votes









        2














        Contacting a legal professional familiar with Canadian copyright law is strongly advised - The act of scanning a work frequently establishes a new copyright of that scan, and is not something easily decided by a quick paragraph from a random website. So while you may scan a public domain document and freely use it as you wish, you often can't download someone else's scan of the same document.



        Also, keep in mind the dates involved! You would want to be very careful on looking into the image in question and the actual legal standing of copyright on material from that era.



        • Canadian copyright is currently established as 50 years After The Death Of the Creator. The 20's may be covered by a different law that would allow an earlier expiry on the copyright, but you would have to be sure the photographer passed away before the 60s to safely assume the image has lapsed into public domain here.

        And you would also have to check if the rights were defined by Canadian law - If the image was actually produced by someone from another country, they potentially took the rights back to that country when they left and may be respected under copyright treaty.



        All that said, contacting the hosts to track down any copyright holder and asking permission is likely your best bet in any case, just do your best to confirm that whoever actually holds the rights is giving you permission - Holding the photo isn't the same as the copyright.






        share|improve this answer





























          2














          Contacting a legal professional familiar with Canadian copyright law is strongly advised - The act of scanning a work frequently establishes a new copyright of that scan, and is not something easily decided by a quick paragraph from a random website. So while you may scan a public domain document and freely use it as you wish, you often can't download someone else's scan of the same document.



          Also, keep in mind the dates involved! You would want to be very careful on looking into the image in question and the actual legal standing of copyright on material from that era.



          • Canadian copyright is currently established as 50 years After The Death Of the Creator. The 20's may be covered by a different law that would allow an earlier expiry on the copyright, but you would have to be sure the photographer passed away before the 60s to safely assume the image has lapsed into public domain here.

          And you would also have to check if the rights were defined by Canadian law - If the image was actually produced by someone from another country, they potentially took the rights back to that country when they left and may be respected under copyright treaty.



          All that said, contacting the hosts to track down any copyright holder and asking permission is likely your best bet in any case, just do your best to confirm that whoever actually holds the rights is giving you permission - Holding the photo isn't the same as the copyright.






          share|improve this answer



























            2












            2








            2







            Contacting a legal professional familiar with Canadian copyright law is strongly advised - The act of scanning a work frequently establishes a new copyright of that scan, and is not something easily decided by a quick paragraph from a random website. So while you may scan a public domain document and freely use it as you wish, you often can't download someone else's scan of the same document.



            Also, keep in mind the dates involved! You would want to be very careful on looking into the image in question and the actual legal standing of copyright on material from that era.



            • Canadian copyright is currently established as 50 years After The Death Of the Creator. The 20's may be covered by a different law that would allow an earlier expiry on the copyright, but you would have to be sure the photographer passed away before the 60s to safely assume the image has lapsed into public domain here.

            And you would also have to check if the rights were defined by Canadian law - If the image was actually produced by someone from another country, they potentially took the rights back to that country when they left and may be respected under copyright treaty.



            All that said, contacting the hosts to track down any copyright holder and asking permission is likely your best bet in any case, just do your best to confirm that whoever actually holds the rights is giving you permission - Holding the photo isn't the same as the copyright.






            share|improve this answer















            Contacting a legal professional familiar with Canadian copyright law is strongly advised - The act of scanning a work frequently establishes a new copyright of that scan, and is not something easily decided by a quick paragraph from a random website. So while you may scan a public domain document and freely use it as you wish, you often can't download someone else's scan of the same document.



            Also, keep in mind the dates involved! You would want to be very careful on looking into the image in question and the actual legal standing of copyright on material from that era.



            • Canadian copyright is currently established as 50 years After The Death Of the Creator. The 20's may be covered by a different law that would allow an earlier expiry on the copyright, but you would have to be sure the photographer passed away before the 60s to safely assume the image has lapsed into public domain here.

            And you would also have to check if the rights were defined by Canadian law - If the image was actually produced by someone from another country, they potentially took the rights back to that country when they left and may be respected under copyright treaty.



            All that said, contacting the hosts to track down any copyright holder and asking permission is likely your best bet in any case, just do your best to confirm that whoever actually holds the rights is giving you permission - Holding the photo isn't the same as the copyright.







            share|improve this answer














            share|improve this answer



            share|improve this answer








            edited 1 hour ago

























            answered 1 hour ago









            TheLucklessTheLuckless

            4044




            4044





















                1














                That photograph is very clean for such a vintage photo. I used photoshop to clean up my grandparents’ wedding photo and ended up with a result with the same clarity. Ninety two years dropped away and details emerged that had seemed to have been lost.



                I would suggest contacting the person who scanned it. If they did clean it up, that is quite the task and deserves the respect of an inquiry. Just ask their permission.



                It says that it is described in a book, so it has been used before.






                share|improve this answer



























                  1














                  That photograph is very clean for such a vintage photo. I used photoshop to clean up my grandparents’ wedding photo and ended up with a result with the same clarity. Ninety two years dropped away and details emerged that had seemed to have been lost.



                  I would suggest contacting the person who scanned it. If they did clean it up, that is quite the task and deserves the respect of an inquiry. Just ask their permission.



                  It says that it is described in a book, so it has been used before.






                  share|improve this answer

























                    1












                    1








                    1







                    That photograph is very clean for such a vintage photo. I used photoshop to clean up my grandparents’ wedding photo and ended up with a result with the same clarity. Ninety two years dropped away and details emerged that had seemed to have been lost.



                    I would suggest contacting the person who scanned it. If they did clean it up, that is quite the task and deserves the respect of an inquiry. Just ask their permission.



                    It says that it is described in a book, so it has been used before.






                    share|improve this answer













                    That photograph is very clean for such a vintage photo. I used photoshop to clean up my grandparents’ wedding photo and ended up with a result with the same clarity. Ninety two years dropped away and details emerged that had seemed to have been lost.



                    I would suggest contacting the person who scanned it. If they did clean it up, that is quite the task and deserves the respect of an inquiry. Just ask their permission.



                    It says that it is described in a book, so it has been used before.







                    share|improve this answer












                    share|improve this answer



                    share|improve this answer










                    answered 1 hour ago









                    RasdashanRasdashan

                    7,9691152




                    7,9691152





















                        0














                        Follow the rules set out on the page you want to copy from.



                        The railway schedule is part of the Bob MacIntosh Collection.




                        Bob has given the DARDPI wiki permission to use his image collection
                        and for individuals to enjoy them for their own personal study of the
                        D.A.R. Bob MacIntosh reserves all rights on his image collection for
                        any commercial use and forbids the use of these images on any other
                        site without his express permission.




                        The train picture comes from a book, Canadian Pacific's Dominion Atlantic Railway, Vol 2.




                        Both volumes are 26 pages inside. Each 8 1/2 x 11 page is a full sized
                        photograph with description. Nearly every photo is the first time in
                        print. Excellent photos and excellent details on the descriptions.




                        You can't just say "oh the copyright has expired" because you don't know if that's true. Items do pass into the public domain but not necessarily in straight-forward ways. For example the train schedule itself is almost certainly public domain (and probably was never copyrighted) but the scan or photo of it belongs to the person who took it. Which was a lot more recently (and might be Bob MacIntosh). Just like a picture of an old public building belongs to the person who took it.



                        The train picture is from the 1920's but the one on the site belongs to Ken McIlvoy. If you could get another original, you'd maybe be fine. In the US, anything from 1923 or earlier, that otherwise would have qualified for public domain, is now in the public domain. For other works, it can be a lot more complicated. In Canada, works enter public domain 50 years after the death of the artist/writer. I would not assume that the photographer died before 1969, or that the copyright has lapsed for any other reason.



                        But what you want to use is a photo of that photo. Here's what Canadian law has to say about that:




                        Many websites provide access to digital reproductions of works that
                        are in the Public Domain. For instance, the websites of museums and
                        art galleries often include online collections of images, and many of
                        these images depict manuscripts, paintings, sculptures, and other
                        creative works that are in the Public Domain.



                        Although the act of digitizing a Public Domain work is not itself
                        sufficient to create a new, copyrighted version of the original work,
                        it is important to exercise caution when using such digital
                        reproductions, as they are often made available subject to terms and
                        conditions in legally enforceable license agreements.



                        More specifically, if a website’s terms of use specifically restrict
                        the ways in which you can use the website’s content, then these
                        restrictions would prevail over your right to use that content in
                        accordance with the Copyright Act. For example, if a museum’s website
                        includes an image of a painting that is in the Public Domain, but the
                        website’s terms of use prohibit you from copying or distributing the
                        image, then you must abide by this restriction.




                        In other words, follow the rules of the page you got it from. If you aren't sure, ask.






                        share|improve this answer



























                          0














                          Follow the rules set out on the page you want to copy from.



                          The railway schedule is part of the Bob MacIntosh Collection.




                          Bob has given the DARDPI wiki permission to use his image collection
                          and for individuals to enjoy them for their own personal study of the
                          D.A.R. Bob MacIntosh reserves all rights on his image collection for
                          any commercial use and forbids the use of these images on any other
                          site without his express permission.




                          The train picture comes from a book, Canadian Pacific's Dominion Atlantic Railway, Vol 2.




                          Both volumes are 26 pages inside. Each 8 1/2 x 11 page is a full sized
                          photograph with description. Nearly every photo is the first time in
                          print. Excellent photos and excellent details on the descriptions.




                          You can't just say "oh the copyright has expired" because you don't know if that's true. Items do pass into the public domain but not necessarily in straight-forward ways. For example the train schedule itself is almost certainly public domain (and probably was never copyrighted) but the scan or photo of it belongs to the person who took it. Which was a lot more recently (and might be Bob MacIntosh). Just like a picture of an old public building belongs to the person who took it.



                          The train picture is from the 1920's but the one on the site belongs to Ken McIlvoy. If you could get another original, you'd maybe be fine. In the US, anything from 1923 or earlier, that otherwise would have qualified for public domain, is now in the public domain. For other works, it can be a lot more complicated. In Canada, works enter public domain 50 years after the death of the artist/writer. I would not assume that the photographer died before 1969, or that the copyright has lapsed for any other reason.



                          But what you want to use is a photo of that photo. Here's what Canadian law has to say about that:




                          Many websites provide access to digital reproductions of works that
                          are in the Public Domain. For instance, the websites of museums and
                          art galleries often include online collections of images, and many of
                          these images depict manuscripts, paintings, sculptures, and other
                          creative works that are in the Public Domain.



                          Although the act of digitizing a Public Domain work is not itself
                          sufficient to create a new, copyrighted version of the original work,
                          it is important to exercise caution when using such digital
                          reproductions, as they are often made available subject to terms and
                          conditions in legally enforceable license agreements.



                          More specifically, if a website’s terms of use specifically restrict
                          the ways in which you can use the website’s content, then these
                          restrictions would prevail over your right to use that content in
                          accordance with the Copyright Act. For example, if a museum’s website
                          includes an image of a painting that is in the Public Domain, but the
                          website’s terms of use prohibit you from copying or distributing the
                          image, then you must abide by this restriction.




                          In other words, follow the rules of the page you got it from. If you aren't sure, ask.






                          share|improve this answer

























                            0












                            0








                            0







                            Follow the rules set out on the page you want to copy from.



                            The railway schedule is part of the Bob MacIntosh Collection.




                            Bob has given the DARDPI wiki permission to use his image collection
                            and for individuals to enjoy them for their own personal study of the
                            D.A.R. Bob MacIntosh reserves all rights on his image collection for
                            any commercial use and forbids the use of these images on any other
                            site without his express permission.




                            The train picture comes from a book, Canadian Pacific's Dominion Atlantic Railway, Vol 2.




                            Both volumes are 26 pages inside. Each 8 1/2 x 11 page is a full sized
                            photograph with description. Nearly every photo is the first time in
                            print. Excellent photos and excellent details on the descriptions.




                            You can't just say "oh the copyright has expired" because you don't know if that's true. Items do pass into the public domain but not necessarily in straight-forward ways. For example the train schedule itself is almost certainly public domain (and probably was never copyrighted) but the scan or photo of it belongs to the person who took it. Which was a lot more recently (and might be Bob MacIntosh). Just like a picture of an old public building belongs to the person who took it.



                            The train picture is from the 1920's but the one on the site belongs to Ken McIlvoy. If you could get another original, you'd maybe be fine. In the US, anything from 1923 or earlier, that otherwise would have qualified for public domain, is now in the public domain. For other works, it can be a lot more complicated. In Canada, works enter public domain 50 years after the death of the artist/writer. I would not assume that the photographer died before 1969, or that the copyright has lapsed for any other reason.



                            But what you want to use is a photo of that photo. Here's what Canadian law has to say about that:




                            Many websites provide access to digital reproductions of works that
                            are in the Public Domain. For instance, the websites of museums and
                            art galleries often include online collections of images, and many of
                            these images depict manuscripts, paintings, sculptures, and other
                            creative works that are in the Public Domain.



                            Although the act of digitizing a Public Domain work is not itself
                            sufficient to create a new, copyrighted version of the original work,
                            it is important to exercise caution when using such digital
                            reproductions, as they are often made available subject to terms and
                            conditions in legally enforceable license agreements.



                            More specifically, if a website’s terms of use specifically restrict
                            the ways in which you can use the website’s content, then these
                            restrictions would prevail over your right to use that content in
                            accordance with the Copyright Act. For example, if a museum’s website
                            includes an image of a painting that is in the Public Domain, but the
                            website’s terms of use prohibit you from copying or distributing the
                            image, then you must abide by this restriction.




                            In other words, follow the rules of the page you got it from. If you aren't sure, ask.






                            share|improve this answer













                            Follow the rules set out on the page you want to copy from.



                            The railway schedule is part of the Bob MacIntosh Collection.




                            Bob has given the DARDPI wiki permission to use his image collection
                            and for individuals to enjoy them for their own personal study of the
                            D.A.R. Bob MacIntosh reserves all rights on his image collection for
                            any commercial use and forbids the use of these images on any other
                            site without his express permission.




                            The train picture comes from a book, Canadian Pacific's Dominion Atlantic Railway, Vol 2.




                            Both volumes are 26 pages inside. Each 8 1/2 x 11 page is a full sized
                            photograph with description. Nearly every photo is the first time in
                            print. Excellent photos and excellent details on the descriptions.




                            You can't just say "oh the copyright has expired" because you don't know if that's true. Items do pass into the public domain but not necessarily in straight-forward ways. For example the train schedule itself is almost certainly public domain (and probably was never copyrighted) but the scan or photo of it belongs to the person who took it. Which was a lot more recently (and might be Bob MacIntosh). Just like a picture of an old public building belongs to the person who took it.



                            The train picture is from the 1920's but the one on the site belongs to Ken McIlvoy. If you could get another original, you'd maybe be fine. In the US, anything from 1923 or earlier, that otherwise would have qualified for public domain, is now in the public domain. For other works, it can be a lot more complicated. In Canada, works enter public domain 50 years after the death of the artist/writer. I would not assume that the photographer died before 1969, or that the copyright has lapsed for any other reason.



                            But what you want to use is a photo of that photo. Here's what Canadian law has to say about that:




                            Many websites provide access to digital reproductions of works that
                            are in the Public Domain. For instance, the websites of museums and
                            art galleries often include online collections of images, and many of
                            these images depict manuscripts, paintings, sculptures, and other
                            creative works that are in the Public Domain.



                            Although the act of digitizing a Public Domain work is not itself
                            sufficient to create a new, copyrighted version of the original work,
                            it is important to exercise caution when using such digital
                            reproductions, as they are often made available subject to terms and
                            conditions in legally enforceable license agreements.



                            More specifically, if a website’s terms of use specifically restrict
                            the ways in which you can use the website’s content, then these
                            restrictions would prevail over your right to use that content in
                            accordance with the Copyright Act. For example, if a museum’s website
                            includes an image of a painting that is in the Public Domain, but the
                            website’s terms of use prohibit you from copying or distributing the
                            image, then you must abide by this restriction.




                            In other words, follow the rules of the page you got it from. If you aren't sure, ask.







                            share|improve this answer












                            share|improve this answer



                            share|improve this answer










                            answered 30 mins ago









                            CynCyn

                            14.5k13272




                            14.5k13272




















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