From the Legal Hotline

By Teri Henning, General Counsel; Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association

Q: I’d like to use an image I found online. The image says it was copyrighted in 1965. How long does copyright last and can I use the image without permission?

A: The general rule for works created before 1978 is copyright protection lasts 95 years from the date of creation. For works created after 1978, copyright generally lasts for the life of the creator plus 70 years or in the case of a work-for hire, copyright lasts 95 years from publication or 120 years from creation, whichever is shorter.

Even if the images are protected by copyright, you may be able to use the image without permission under the doctrine of “fair use.” When someone uses a copyright without permission for the purposes of criticism, comment, news reporting, teaching, scholarship, or research, it may be deemed “fair use,” a defense to infringement. The Copyright Act lists four factors that determine “fair use,” they are:

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

2. The nature of the copyrighted work;

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

4. The effect of the use upon the potential market for or value of the copyrighted work.

“Fair use” is evaluated on a case-by-case basis and can never be guaranteed but the news reporting provision provides a measure of comfort for newspapers that use copyrights as part of news stories.

If you have a specific question, please consult an attorney or call the Legal Hotline at (717) 703-3080.

Use this link to the Headlines & Deadlines archive of weekly 'From the Hotline' columns. 

[HOTLINE ARCHIVE]

PNA Legal Hotline: (717) 703-3080