Has anyone had classmates questioning the scanning of yearbooks, claiming they are copyrighted? I cannot find a copyright on any of them but I have not yet scanned photos from any books from 2000 to the present, yet.

Are the yearbooks considered public? Another classmate asked me if I were having classmates sign something giving me permission to post the photos and names.

I simply stated that so far no one has objected and if a classmate chose to not be included, I would delete the name and photo.

How do I reply to these questions? Help, please, as the local paper is doing a story on me and the web site next week!

Cheryl

All publishers have different rules so the only answer is to check with the yearbook publisher. Realistically most people never ask, but it's always good to have permission. Regarding photos, I'd do what you're already doing. If you want to send a site wide email and ask, or use your Survey Maker, you could quickly determine if somebody wants to opt out of having their Yearbook Photo scanned into the site. You'll find people opting out is extremely rare, but you never know.

Found this on the Internet
http://www.yearbookdigital.com/copyright.htm

Publication Date:Before 1923
Condition: None
Copyright Term: In the public domain

Publication Date:1923 - 1977
Condition: No copyright notice.
Copyright Term: In the public domain

Publication Date: 1923 - 1963
Condition: There was a copyright notice but it was not renewed. Copyright holders were required to renew their copyright in the 28th year after publication. Only a small percentage actually did this.
Copyright Term: In the public domain

Publication Date:1923 - 1963
Condition: The copyright notice was renewed. Permission will be required from the copyright holder.
Copyright Term: 95 years after publication date

The publishers of yearbooks are experienced and in latter years MAY have been more inclined to include a copyright notice.

However, this is a "work done for hire" and most probably the majority of the "work" was done by student volunteers. The hiring person should really own the copyright. I don't think any yearbook publisher is going to sue you for using the individual photos. If they could find out about it even. (Assuming only registered classmates can view the yearbook photos.)

I stated in an earlier post somewhere else that just because someone's picture appeared in a yearbook, doesn't give you the right to use that picture. So you need to be sensitive and react promptly to any requests to have a specific photo removed.

You might consider some general statement that joining the website includes a grant of permission to use photographs of the individual both from the high school days and at reunion events. However, you will remove any photo in which a specific person appears if that person request it to be removed in writing.

I am not an attorney, nor a "non-attorney spokesperson" nor do I play an attorney on TV.

John wrote, "I am not an attorney, nor a "non-attorney spokesperson" nor do I play an attorney on TV."

Nice touch, John!

I recently tried to have my yearbook scanned at a local copy shop and they refused even though there was NO copyright anywhere on the yearbook (1992) AND the name of the publication company wasn't even on it to ask permission. They told me that they would need written permission from the school and the school laughed and told me they have no idea what the procedure would be or WHO would give the written permission at the school! This seems to be a nightmare. I'm going to post it and put a disclaimer on the site like John suggested but really, if there's no copyright on the book, how can there be any legal binding to not copy it?

1. Go to a different copy shop.

2. Go to Fedex Office and ask them for the appropriate form you'll need to complete for them to copy your yearbook and ask the principal to sign it for you.

In general, copyright in a publication is owned by the individual or organization that paid to have the publication produced. It's not owned by the yearbook publishing company; it's owned by the school that contracted to have the yearbook produced.

Most schools create their own content for yearbooks.

Thank you John. I contacted Office Max and they would do it, but they charge $485 for a 188 page book!!!! HOLY CRAP! I'll scan myself.