Copyright Epiration on Photographs on Internet

I am writing a book based on a German business family. There are roughly 15 photographs I want to use of this family that appear in a book and online. I would like to know if I am leagally allowed to use these photographs without their written permission. Most of these photographs were taken more than 100 years ago. The most important photograph appears on their German website and was taken about in the year 1870.

Who's website?

You can't take things off of a website and use it for commerical gain without permission.

The photograph is dated 1868. Is it still protected?

You would need to see if someone has a copy write protection on it.

If you take it off of someones website without permission you could get sued.

Why not contact them and see if you can have permission to use the photos?

I have asked permission, but they will not respond to my emails or letters.

If those photos were available contemporaneously, like in a book, magazine, or newspaper dated 1868, you might be able to legally use them.

But if they were handed down by the family or estate and then provided to the recent book or website it's possible that you could not.

Those are just guesses on my part.

You would be wise to engage an intellectual property attorney to guide you through this.

Otherwise you might find yourself losing every nickel you make on your book and then some.