Legal Question in Intellectual Property in Washington

Re: Can I use found photographs in a book?

The two areas of the law you need to think about are:

1) Copyright - If someone has a copyright in the pictures, then you can't publish them. However, it is incumbent upon that person to give you notice of the copyright (typically done by place the "c" with a circle around it on the item. Film isn't going to have a copyright symbol on it. The only way they would have gotten a copyright is by developing the pictures and copyrighting one of the prints. However, for film found in a camera you know it has never been developed, so I don't see how a copyright could exist. Another thing weighing in your favor is that you have possession of the original, so there is an argument that the taker of the pictures transferred all rights in the pictures to you by allowing the film to be sold.

2) Right of Publicity - If the pictures are of someone famous, then some states give that person rights to usage of their name, likeness, signature, and so forth. So, if you found a picture of Paris Hilton, you would want to look further into whether there are any issues. Right of publicity is a state law issue, so it can vary by where the celebrity lives and where you are distributing the book.

- Note this is an answer to a hypothetical principle of law and is not intended to establish an attorney/client relationship.