Publishing for commercial use an uncopyrighted 1865 photograph

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  • A portrait photograph taken in 1865 was not copyrighted. The photo itself was copied via photograph and copyrighted by that photographer who died in 1899. The photo exists at various libraries, museums and on the internet with no copyright mark and considered in public domain. Can I restore/correct the ageing defects/markings in the image electronically via sotware without altering the image thus improving it and (1) use for book publication identyfying the original photgrapher and identyfing the person in the protrait photograph and (A) publish it commercially (B) publish and sell reproduction prints.


    Thank you.

  • I don't believe taking a photo of a photo entitles you to claim copyright on the new image. There is nothing new to copyright. I believe this would now be in the public domain.

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