Images of documents from auction sites

[AngelFish]

I saved some images of 1700/1800's documents that were on an online auction site. They have lots of residents names. I wasn't able to buy the documents. I do think it's a pity they weren't in archives.

Where do I stand on being able to share the images online for other people to see?
Some people may think it's unfair (to the owners of the documents), others may think it's a good idea...
but where would I stand (legally?) on sharing photos that someone else took? So they can be seen publicly by people wanting to research. Is it allowed?

Thanks
Angelfish

[Marmalady]

Copyright of the photographs belongs to the photographer so publishing them without permission would be infringement

[ajm314159]

It depends...

If they are scans rather than photographs, if they add nothing much to the content of the originals, if they have not been carefully retouched, if they are not in fact for sale even though the documents themselves may be, then it's doubtful at least that the images attract copyright at all.

Consider the famous case involving the NPG and Wikipedia (https://en.m.wikipedia.org/wiki/National_Portrait_Gallery_and_Wikimedia_Foundation_copyright_dispute).

[Andy J2022]

I agree with ajm314159, and in fact I would go further and say that both scans and facsimile camera copying would not result in a new copyright coming into existence. For confirmation on this point see this copyright notice produced by the UK Intellectual Property Office: https://www.gov.uk/government/publications/copyright-notice-digital-images-photographs-and-the-internet/copyright-notice-digital-images-photographs-and-the-internet

[AngelFish]

Thank you for all the replies.

The are photos not scans. No retouching, but objects used as paperweights would make it easy to identify the pictures as being the same ones.

[Marmalady]

Even if the original document is not subject to copyright, the image of the document, however produced (scan, photo etc) is a new entity and so would be subject to copyright

Images do not have to be for sale to be subject to copyright. As soon as they are created, they are copyright

[AngelFish]

Marmalady - Thats what I was thinking.

[AngelFish]

If I transcribed the information to store or share, I think that would be okay?

What if I retained the information to offer to do look-ups for a given place and name?

I appreciate your help.

[Marmalady]

I think a transcription would probably be OK (but I am not a copyright lawyer, so don't rely on this!)

Offering to do look-ups from the images / transcription you have should be fine as you are not sharing the whole document/image