Old out-of-copyright photos

[seasamh]

I have some old family photos from the 19th century, well out of copyright. As far as I know, are the only remaining copies. An author has asked for permission to use some of the photos for a book he is writing. I don't mind him using the pictures for the book, and I don't want any compensation. But can I still ask him for an agreement not to use the photos for any other purpose? They aren't copyright any more, but they are mine, and I don't want them being used for other purposes without prior permission. I see that archives at museums and universities often require users to sign an agreement limiting further distribution of their content. Could I do the same thing (no, I'm not on the business of selling photos!)?

Thanks!

[KmH]

I have some old family photos from the 19th century, well out of copyright. As far as I know, are the only remaining copies. An author has asked for permission to use some of the photos for a book he is writing. I don't mind him using the pictures for the book, and I don't want any compensation. But can I still ask him for an agreement not to use the photos for any other purpose? They aren't copyright any more, but they are mine, and I don't want them being used for other purposes without prior permission. I see that archives at museums and universities often require users to sign an agreement limiting further distribution of their content. Could I do the same thing (no, I'm not on the business of selling photos!)?

Thanks!

The most recent copyright laws went into effect in 1978. Prior to that the copyright laws went into effect in 1909. I'm not familiar with any grandfathered copyrights provisions in the 1909 laws.

As to your images. Was it an intellectual property attorney that determined they are no longer covered by copyright? Current copyright in some instances is the life of the author (creator) plus 95 years.

An image taken today by a 16 year old that lives to be 90 could mean an enforceable copyright for at least 144 years and maybe 164 years under current law.

Frankly, if they are no longer protected by copyright law, you can certainly ask that they limit further distribution but there is no legal way related to copyright law I'm aware of you can compel them to do so.