picture copyright question

[flizzenflozz]

This board really seems to have an eclectic mix so I figured i'd try my luck at discovering some info about a copyright issue.

Does anyone out there have any information about how long an image (in a book, for example) is under copyright? I'm interested in using an image and having it silk screened but obviously do not want to violate any laws.

I've heard 50 and 70 years bandied about, but nothing definitive. Anyone in the know?

Much appreciated!

[fredr123]

From Canadian Intellectual Property Office - A Guide to Copyrights: Copyright Protection

Photographs
There are three possible terms of copyright protection for a photograph:

First, where the author is a natural person, the term of protection is the remainder of the calendar year in which the author dies, and for 50 years following the end of the calendar year.

Second, if the author of the photograph is a corporation in which the majority of voting shares are owned by a natural person who is the author of the photograph (e.g. a commissioned photograph), then the term of copyright protection is the remainder of the calendar year in which the author dies, and for 50 years following the end of the calendar year.

Third, if the author of the photograph is a corporation in which the majority of voting shares are not owned by a natural person who is the author of the photograph (e.g. a commissioned photograph), then the term of copyright protection is the remainder of the year of the making of the initial negative or plate from which the photograph was derived or, if there is no negative or plate, the remainder of the initial photograph, plus 50 years.

[tete]

Sorry, I don't have my copyright book at home (yes, I am truly a geek) but off the top of my head, you're dealing with two copyrights here 1) The book and 2) the image. If you go to the source for the image (author, archive/library where it's held) - the copyright bit that fredr123 stands. If you take it from the book, you would deal with the copyright of the book, so getting ahold of the author. If the author of the picture and the author of the book are one and the same, you're gravy.

That said, I'm really thinking that the author of the book still can't give you permission to use because they would have had to get permission from the author for use in the book and likely permission was granted for that use only.

Long story short - what's the image? I might be able to help you track down the source.