In a mini-rant on one of the ACW boards yesterday, a publisher of an excellent website raged about someone stealing and re-posting his “copyrighted” photographs from the site. The alleged perpetrator was characterized in vulgar terms. All of these online photos, as far as I can tell, were created during the 1860s, and the pictures in question would have been of Civil War general officers.
Putting aside the moral obligations for crediting sources, or respecting someone’s family pictures, or the sanctity of a private collection, or whatever else might be in play, I have a fundamental problem with his complaint of copyright infringement.
How can our angry friend claim to own the copyright on these pictures? They are, by my reading of US Copyright law, in the public domain. Public Domain = not copyrightable. (more…)


