Legal Question in Intellectual Property in New York

Use of old images

I would like to use images from an old flower catalog dating 1898 for commercial purposes. The images will be used, in part, as nostalgic commemoration of the company which is no longer in business.

Does copyright law apply to images of this age? How can I verify if I can use these images for commercial purposes?


Asked on 5/28/08, 11:46 am

2 Answers from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: Use of old images

Images that were originated in 1898 are in the public domain and not protected by copyright. Be careful though; trademark may apply if the image is being used in commerce to designate the unique source of goods or services.

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Answered on 5/28/08, 7:26 pm
Steven Mark Steven Paul Mark, Attorney at Law

Re: Use of old images

Assuming the catalog was distributed to the public with no reservation of ownership ( very likely), which would be considered publication for copyright purposes, you'd be free to use the text and images from the catalog. The only risk would be if the catalog were considered an unpublished work owned by a company, which, I believe, may still be subject to protection for another 10 years.

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Answered on 5/28/08, 2:05 pm


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