hey guys, I have a slight problem. I have a picture of Valley Railroad 2-6-2 #103 under steam at Essex. Its a Polaroid photo. My problem is neither me or anyone I know took the photo and I can't remember who gave it as it was in a bunch of post cards that someone gave me. My question is, would it be alright to post it on the web considering I didn't take the picture and I can't give proper credit?

Thanks

my two cents worth...

post it -- properly crediting the photographer as unknown and as it being a polaroid print from the [indicate your name] collection. If it is recognized and you are contacted by the photographer you can then give appropriate credit if granted permission to do so--if permission is not granted, you can remove the posting.

sc 'doc' lewis

Crediting the photographer would certainly be proper but this Polaroid is an original image and is legitimately owned by steamfan. It's not a copy, not a print. Doesn't he now own the right to publish it, as he would if he had bought a negative or slide?

Actually, no, he doesn't.

Reproduction rights are completely separate from physical possession of a copy of a work--the intellectual property rights are not connected to the physical object. It follows that possessing the physical work, even if it is the only extant copy (e.g. a slide, a polaroid) does not confer any reproduction rights on the possessor.

To gain reproduction rights, you need a copyright release from the creator or copyright holder.

Now in the real world, there are all sorts of works whose creator or copyright owner can no longer be located. This Polaroid is a good example. These are called "orphan works" in the trade, and Congress is presently debating several bills which may, if passed, clarify how the possessor of the physical copy of an orphan work can gain reproduction rights as well.

Here's a wikipedia article that will get you started researching this ever-fascinating topic:

http://en.wikipedia.org/wiki/Orphan_works