Copyright on old B&W photos and selling a colourised version
Posted: Sun Apr 12, 2020 4:25 pm
I recently commissioned a graphic designer to colourise a favourite black and white photograph, from 1880 as a gift. The file that the designer worked on was located from Wiki Commons and marked as being in the public domain and the author 'Unknown'.
I am now in possession of a fully coloured digital version of what was a black and white image to start with - a process that takes many hours. We have paid the graphic designer for his work (which was not cheap) and mentioned at the time that we wanted his permission to produce prints from our colourised image to sell. He has stated in email that we have 'full rights to use the work for web AND PRINT but no exclusive rights and no selling rights of the original DIGITAL file'. He also mentioned in email that he was giving us 'rights on his colourization work'.
Since then, we have had substantial interest from people wishing to purchase a printed copy of the image and are therefore investigating our options to produce some copies. I hope that makes sense! So my questions are:
Are we allowed under the photography copyright laws to sell a photo marked as 'public domain' and with unknown author that has been substantially adjusted?
Does the fact that the photograph has been inherently changed (from black and white to full colour) affect any copyright laws?
Does the graphic designer, who was paid for the colourisation hold any copyright still or with the emails we have are we free to proceed with printing some copies for sale without issue?
And finally, why are some photographs that are in the 'public domain' on Wiki Commons also for sale on Getty? There are other photos we would like to have colourised but confused that they can be found in both locations and therefore confused about their true copyright status.
Any and all advice very much appreciated.
I am now in possession of a fully coloured digital version of what was a black and white image to start with - a process that takes many hours. We have paid the graphic designer for his work (which was not cheap) and mentioned at the time that we wanted his permission to produce prints from our colourised image to sell. He has stated in email that we have 'full rights to use the work for web AND PRINT but no exclusive rights and no selling rights of the original DIGITAL file'. He also mentioned in email that he was giving us 'rights on his colourization work'.
Since then, we have had substantial interest from people wishing to purchase a printed copy of the image and are therefore investigating our options to produce some copies. I hope that makes sense! So my questions are:
Are we allowed under the photography copyright laws to sell a photo marked as 'public domain' and with unknown author that has been substantially adjusted?
Does the fact that the photograph has been inherently changed (from black and white to full colour) affect any copyright laws?
Does the graphic designer, who was paid for the colourisation hold any copyright still or with the emails we have are we free to proceed with printing some copies for sale without issue?
And finally, why are some photographs that are in the 'public domain' on Wiki Commons also for sale on Getty? There are other photos we would like to have colourised but confused that they can be found in both locations and therefore confused about their true copyright status.
Any and all advice very much appreciated.
