On Jun 10, 2012, at 21:21 , William Robb wrote:

Seems to me that if the copyright owner isn't able to supply you
with a print, they have pretty much invalidated any claim they
could make for damages.

That's another way to express it. There is no one alive to ask that
permission. The company or studio that took the photo in 1897 is no
longer reachable, probably it no longer exists. In my heart I truly
believe if I did contact the copyright holder and asked for a print,
they could not provide one. Few companies, and fewer individuals have
kept their library of negatives for over 100 years. If there was a
historical value to one or more images stamped with the name of the
copyright holder, they were bought up or had donated to companies or
collectors such as the Library of Congress, or such as the National
Photo Company Collection or the Detroit Publishing Catalog.

More current images should be asked if the copyright holder can be
reached in some way, yes?

If I understand what I found out about old copyrights searching the internet, the copyright has already expired on anything copyrighted before January 1, 1923.

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