UKH

I've recently had access to some photos taken by a Scottish climbing legend, and there might be more to come. I don't think they've been published before, and whilst not being spectacular photos, some may be of historical interest. Might be worth posting here. 

The situation is, climber A takes photos of climber B, then gives the prints to climber B. They're in climber B's possession till his death, then they pass to a family member. Climber A has also died. If the family member gives me permission to post the photos, can I do so, or do I have to seek permission from the family of climber A?

Officially they remain copyright of the estate of Climber A (until 70 years after their death). If you're planning on sharing them, I doubt you'll get in any trouble (and even if you do, a cease and desist would be the worst case in the UK). 

If you plan to make money out of them, get in touch with the family. To be polite, get in touch with them anyway.

Tim

Thank you. No plans whatsoever to profit from the photos. Like I said, I think they could be of historical interest for the climbing community. 

I did think that, but it could be tricky. 

I honestly think it won't be an issue and they likely won't know. Unless they're famous and have a litigious family, I'd just do it.

One of the photos, looking out from inside Ossian's Cave, taken by Hamish MacInnes.

That ones definitely been published before.

It makes no difference from a copyright point of view that you don't intend to make money from publishing them.  At the very least you should make some effort to seek out the photographer's family to seek permission.

Agree unless OP is  using them commercially, like a guidebook, that might be trickier. But just posting here would be a celebration of the lives of the climbers, how can that be bad

It does make a difference because depriving the copyright holder of potential revenue is seen as worse if it gets to litigation (which is 99.99% won't - the worst you'll get is a cease and desist)

It's not a question of whether it's good or bad, or what the poster's intentions may be. It's potentially a breach of copyright, which is unlawful. The owners of the copyright are entitled to decide how they want the images to be used, and whether or not to charge for their use. They may be perfectly happy for them to be a celebration of the lives of the climbers, or they may not - it's their decision, not the OP's.

Can you give details please? It seems unlikely given the provenance of the original print that was scanned.

BTW I didn't put the dislike on your post.

I have that nonsense turned off so click away.

It was in something I was reading in Lagangarbh but can’t remember what now.

It is published as plate E/77 in the book 'Scottish winter climbs', by Hamish MacInnes, pub. Constable & Company Ltd., 1982.