Question about Copyright
 

A fellow has contacted me requesting that I paint a portrait of him and his wife from a 35-year-old wedding photograph, as a surprise for his wife -- (very sweet). I gather the original image was taken by a professional photographer. But when I asked for more information about the photograph, thinking that we'd need to get the photographer's permission, his response was that he wasn't sure who took the photo, or if the photographer was even still alive.

So... I am meeting with this fellow Thursday morning to take a look at this photo to see if
1) it is reasonable as reference for a portrait.
and
2) whether there is any identification of the photographer or studio who made the original photo somewhere on the print.

IF the photo is reasonable as reference material then:
- IF the photographer is identifiable from the print itself, I would assume that I'd need to contact the original photographer for permission to use the image?
- BUT if there is no indication of the photographer or studio on the print, Is the photo still copyright protected? --- How long does copyright on a photo like this last?

Don't want to be breaking any laws, and don't want to lead this man on if I am unable to help him with this portrait.

Any insight would be greatly appreciated!

Yes, it's still copyright protected, even if no photographer or studio is listed on the photo.

Thanks Michele! I suspected as much.

I've just been out on the net looking into copyright laws and have come to the conclusion that unless the photography studio is indicated on the photo, AND we can obtain permission from them, I'll have to tell this poor fellow no ;C (... at least to a portrait based on that particular photo.)

Oh well!

This all worked out very well! He opted to commission a current portrait of him and his wife instead! :cool: