Google To Host 10M Images From Life Magazine's Archive

CWmike and other readers alerted us to Google's announcement that it was making available 10 million images from Life magazine's archives dating back to the 1750s. (Most of the news accounts covering this announcement refer to Life's "photos," and none mention that photography wasn't invented until early in the 19th century.) Only a small percentage of the images — including newly digitized images from photos and etchings — have even been published. The rest have been "sitting in dusty archives in the form of negatives, slides, glass plates, etchings, and prints." At this point about 20% of Life's archive is online; the rest is promised within months.

Comments

Copyrights vary

[davidwr]

The copyrights for previously-unpublished works vary, Project Gutenberg and Wikipedia probably have the answers you are looking for.

In general, anything created more than 120 years ago in the United States is in the public domain. Works that weren't "work for hire" live various-numbers-of-years after the death of the photographer but there is a presumption of public domain after 120 years unless it can be shown the photographer was alive "recently enough" that the copyright hasn't lapsed. There's also a "presumption of death on or before insert-date-here" under certain other circumstances.

I don't have the rules for previously-unpublished works-for-hire handy, but I think that for stuff not published before now, anything before 1923 is in the public domain in the USA. There were special rules in place a few years ago to "encourage" publishing previously unpublished works but I think that is over with.

If Life had done this during that special window, a lot of stuff that would have had only the remaining copyright would have enjoyed extended protection.