New England Historic Genealogical Society Announces discovery of Helen Keller photo. (Link to non Public Domain Image)
NEHGS recently acquired a large family collection from Mr. Thaxter Parks Spencer. Located within the collection is a truly remarkable photograph of 8-year old Helen Keller, while vacationing with her teacher, Anne Sullivan, in Brewster, Cape Cod, Massachusetts. This one of a kind image gives new insights into the wonderful life of Helen Keller.
Copyright of the newly found image: All patrons should be aware of the revised Copyright Act of 1976 (which took effect on January 1,1978). It provides protection for all unpublished material (as is the case with this image) from the time of creation (in this case 1888) for the life of the author (in this case unknown) plus seventy years or to 2002 (whichever is greater). All patrons accept full legal responsibility for observing the copyright law, as well as legislation concerning libel, invasion of privacy, property rights and fair use.
Since the creator of this work is unknown (see press release PDF) the date that it became or will become public domain can only be estimated. Using the formula of current law, if the photographer was 25 at the time, 1888 and lived another 50 years to die at the age of 75 in 1938, the 70 year waiting period until the work would enter the public domain would start on December 31st of that year regardless of the actual date of death. Therefor the image would enter the public domain on January 1, 2009. if using the same example the person lived until 85 the date for entrance to the public domain would be January 1, 2019
The only reliable formula for estimating entrance to the public domain that can be trusted beyond any reasonable doubt would be as follows: The photographer was 0 years old at the time 1888 and lived for 122 years 164 days, this is the oldest documented and fully validated supercentenarian ever (see Jeanne Calment) and will die in 2011. On December 31st of that year the 70 year waiting period from the date of death of the artist (post mortem auctoris) would began and on January 1st 2082 this image would enter the public domain;
We see that many other usually reliable sources (see Wikipedia) are claiming this image to be in the public domain because of the pre 1923, 1888 year of creation. This only applies to PUBLISHED works and then only in the United States.
We offer below the closest in time, 1897 and subject image that is public domain please enjoy and feel free to comment (editor)
 | TITLE: Helen Keller and Anne Sullivan. CALL NUMBER: BIOG FILE - Keller, Helen and Anne Sullivan [item] [P&P] REPRODUCTION NUMBER: LC-USZ62-13123 (b&w film copy neg.) RIGHTS INFORMATION: No known restrictions on publication. Digital ID: cph 3a15420 Source: b&w film copy neg. Reproduction Number: LC-USZ62-13123 (b&w film copy neg.) Repository: Library of Congress Prints and Photographs Division Washington, D.C. 20540 USA. Retrieve uncompressed archival TIFF version (1,760 kilobytes) |
REPOSITORY: Library of Congress Prints and Photographs Division Washington, D.C. 20540 USA. DIGITAL ID: (b&w film copy neg.) cph 3a15420 http://hdl.loc.gov/loc.pnp/cph.3a15420 CONTROL #: 2004672077
MARC Record Line 540 - No known restrictions on publication
Credit Line: Library of Congress, Prints and Photographs Division, [REPRODUCTION NUMBER: LC-USZ62-13123]
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