Yearbooks

We at [redacted higher ed institution] are considering digitizing our past yearbooks and storing them in an institutional repository which has the option of materials being password protected or available publicly. We are also considering using these photos in future advertising materials.

We have had a lot of questions about yearbooks over the years of Ask the Lawyer.[1]  We'll answer this submission with the understanding that for those who want further and deeper information, there's more to read in the "ATL" vault.

Our local public library has started a collection of donated yearbooks from the high school. They requested to receive or purchase new yearbooks as they were published. As the yearbook contains underage students, information about their sports and clubs, we felt that this was protected personal information and should not be publicly accessible.

I appreciate the care behind this question: when yearbook information is being assembled, not many people are thinking about all the places the publication could potentially go.

I received a request from a former student of [a local high school] in which her name appears on a yearbook page citing student activities. As the page is part of a whole PDF of the entire yearbook, "removing her name" would require taking down the entire yearbook.

At "Ask the Lawyer," we have tackled "yearbook questions" before: in 2018[1] we addressed patron requests to copy physical yearbooks in a library's collection, and in January of 2020[2] we addressed using scanned yearbook images to illustrate a commemorative calendar. 

We are putting together a commemorative calendar as a fundraiser to celebrate the library's 90th year. We're using old photographs that the library has and also photographs from old yearbooks. Is there an issue with copyright infringement in doing this?

Before sitting down to write a "one size fits all" answer, I gave the member a call to discuss this project.

What happened on the call? I can't tell you; it's confidential.  BUT, I can say that to give any advice, I had to ask the following questions:

A member asked about a request for the library to provide copies of photos from yearbooks for a class reunion.

One of the reasons I enjoy doing “Ask the Lawyer,” is the diversity of questions, and the often esoteric subjects I get to research as a result.  This question is a prime example.