What to do when copyright has expired in source country but not in the US?

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What to do when copyright has expired in source country but not in the US?

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1MaidMeri
Edited: May 13, 2010, 8:09 am

I would like to upload this picture of Joel Lehtonen, but I'm unsure of how to go about it. The photograph is in the public domain in Finland, but not in the US. I know that LT only cares about US copyright. From whom am I supposed to request permission to use this image? All rights have expired and both the subject and the photographer are (in all likelihood) dead. I suppose I could approach the publisher of the book where the image appeared, but they don't own it either. :/

What is the protocol in cases such as this? Thanks!

ETA: Er. This question is based on the assumption that not all images that are okay for Wikipedia are okay for LT. I may be wrong.

2lilithcat
Edited: May 13, 2010, 8:56 am

This question is based on the assumption that not all images that are okay for Wikipedia are okay for LT. I may be wrong.

No, you're right. Wikipedia relies heavily on the "fair use" exception, but Tim has said that he does not want that justification used here.

3timspalding
May 13, 2010, 9:00 am

Tim has said that he does not want that justification used here

FWIW, it depends on the context. For author photos, I don't think we qualify to the same extent—we're commercial—although I may be wrong. In Talk and so forth, when there's criticism involved, I suspect members can get away with a lot, legally.

4MaidMeri
May 13, 2010, 9:53 am

Right, okay. So ... ask again in 30 years?