Are drawings in books in public domain posted on-line ok for me to photograph/use commercially?

[walter]

Jurisdiction

Massachusetts

As regards USA. Say there is a book that is in the public domain - published in 1850.

Now the book has various drawings. Some very nice drawings.

Now say I look the book up on the internet. I.e. there are various websites that have libraries of books in the public domain and you are able to read them online and see them in the original format including the drawings.

Am I able to simply photograph them and use them in my commercial video project?

What about a postcard from 1850 that is in the public domain and is posted on the internet for sale? Can I just photograph it and use it commercially?

As you may know there are some websites that simply compile drawings from books in public domain and sell them.

 

[army judge]

As regards USA. Say there is a book that is in the public domain - published in 1850.

Now the book has various drawings. Some very nice drawings.

Now say I look the book up on the internet. I.e. there are various websites that have libraries of books in the public domain and you are able to read them online and see them in the original format including the drawings.

Am I able to simply photograph them and use them in my commercial video project?

What about a postcard from 1850 that is in the public domain and is posted on the internet for sale? Can I just photograph it and use it commercially?

As you may know there are some websites that simply compile drawings from books in public domain and sell them.

If the copyright protection has lapsed, one could argue that pictures found in such works are free to use.

However,that's not to say the book's current owner wouldn't argue the contrary.

 

[walter]

If the copyright protection has lapsed, one could argue that pictures found in such works are free to use.

However,that's not to say the book's current owner wouldn't argue the contrary.

OK thanks. I value the input. I think the problem would be is proving that it was their book that I took the picture of. Of course, some of the older books are still available for purchase in hard copy version so I guess I could purchase the book that why. Of course maybe some of the books can't be bought in hard copy. As you may know there are such websites that have thousands of books in the public domain. If you are not familiar w those websites you can view the book in the original format, or text format. You can actually flip through page by page just like the real hard copy. Not sure how they could prove someone took a picture off their computer screen of the drawings and artwork in the books. Of course, I guess they could trace your IP.

 

[army judge]

OK thanks. I value the input. I think the problem would be is proving that it was their book that I took the picture of. Of course, some of the older books are still available for purchase in hard copy version so I guess I could purchase the book that why. Of course maybe some of the books can't be bought in hard copy. As you may know there are such websites that have thousands of books in the public domain. If you are not familiar w those websites you can view the book in the original format, or text format. You can actually flip through page by page just like the real hard copy. Not sure how they could prove someone took a picture off their computer screen of the drawings and artwork in the books. Of course, I guess they could trace your IP.

No thanks, noting in this world causes me to be curious.
Why?
Because, there's very little I don't know.
At my age, if I don't know about it, its not worth knowing, or it is PORN.