Here is a copyright question.
A researcher would like to use a photograph which was created by 
William Brown Studios in the 1960s. It is unknown if the photograph was 
published or unpublished. It is unknown if the studios are currently 
operating or were “bought out” by another studio. It is unknown if 
William Brown is still alive or when he may have died. The figures in 
the photograph are a judge, dog handler and dog, which are not 
well-known or “famous.” The photograph was given to the organization 
through a relative of the handler who died in 1997. There is no deed of 
gift which accompanied the collection. The researcher would like to 
display the photograph at a dog show and in an article.
 
My impression based on my attendance at a seminar on copyright, leads 
me to believe that the photographs are still protected under copyright 
law. (i.e. the author has not been dead for 70 years, and there was no 
transfer of ownership) However if the researcher uses the photographs, 
there would be a very low risk that the archives would expose itself to 
copyright infringement. The use of the photograph would ultimately 
decide if the use constitutes a “fair use.”  The following reasons 
review Section 107 of Title 17 United States Code, “Limitation on 
exclusive rights: Fair Use”.  
 
a.       The purpose of the use is intended for educational and 
research purposes; it is not for commercial gain. The researcher will 
write an article and the photograph will be displayed at an anniversary 
dog show to illustrate the heritage of the Greenwich Kennel Club, which 
serves as a source of pride and tradition. 
b.       This is an innocuous “win shot” from the Greenwich Kennel Club 
dog show, which is a customary part of most shows. Therefore it doesn’t 
have any rare value. Additionally, each figure: the dog, handler and 
judge are not well known or have any particular rare quality, which 
would warrant shielding from the public.
c.       The number of photographs in question, two, are very small in 
comparison to the number of photographs in the Thomas M. Gately 
collection, which estimates to be  400 to 500 photographs. 
d.       The photographs don’t impair the author’s ability to market 
the original.  
 
Please let me know if you have any suggestions.
 
Thanks
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