Legal Question in Intellectual Property in Minnesota

I recently found some very cool civil war photos that date back to the 1860s. I want to use some of these photos (with some touch-up and effects) in a commercial design piece. Where I found these photos (online) it says that the images are not to be used by any other party without permission from the owner (whom is listed on the site). I've tried contacting the owner to get permission but I have yet to hear back (and it's been awhile).

Since these photos were taken in 1860, the photographer has surely passed and there is no way that this "owner" could have taken these pictures. I am assuming that he found or inherited these photos at some point. Regardless, I've found many sites online saying that copyrights expire. The longest time period listed is 120 years which would only take us to 1980 so I'd still be safe.

By law, am I required to get a hold of this "owner" they speak of to get a license to use these photos? I understand the moral approach (getting permission) but I'm not going to let these captivating photos go to waste given someone's lack of communication if they are public domain.


Asked on 10/12/09, 3:04 am

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

It sounds like you have done your research, and yes, the copyright may have expired. You should get an IP attorney in MN to delve into the issue further if you are worried someone could come after you for the proceeds of your art. My instincts tell you it is okay, but better to be safe than sorry.

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Answered on 10/17/09, 6:09 pm


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