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 It is unknown if the photograph was published or unpublished.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 A posting from the Archives & Archivists LISTSERV List sponsored by the Society of American Archivists, www.archivists.org. For the terms of participation, please refer to http://www.archivists.org/listservs/arch_listserv_terms.asp. To subscribe or unsubscribe, send e-mail to [log in to unmask] In body of message: SUB ARCHIVES firstname lastname *or*: UNSUB ARCHIVES To post a message, send e-mail to [log in to unmask] Or to do *anything* (and enjoy doing it!), use the web interface at http://listserv.muohio.edu/archives/archives.html Problems? Send e-mail to Robert F Schmidt <[log in to unmask]>