Legal Question in Intellectual Property in Florida

My son is writing a book on the life of an elderly woman is acquainted with, and wants to include some old photographs (1930’s dates). This woman has given him at least verbal permission to write her story, but my son doesn’t know who took the original photographs. He has made an effort to find this out from her family, but no-one seems to know who took the photographs. QUESTION: can he include these photographs in his book, without incurring Copyright violation risk?


Asked on 4/22/23, 7:56 am

1 Answer from Attorneys

Philip Duvalsaint Philip A. Duvalsaint, PLLC

The provisions of copyright law dealing with duration are complex. Different standards apply depending on whether federal statutory

copyright protection was secured before or on or after January 1, 1978, the date the current law—the Copyright Act of 1976—took effect. In addition, several amendments enacted since January 1, 1978, affect duration. For more information see US Copyright Office Circular 15A (https://www.copyright.gov/circs/circ15a.pdf),

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Answered on 4/22/23, 12:24 pm


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