Copyright question

erding

erding

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Tom
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Can anyone advise the copyright position regarding some WW2 fotos that have come into my possesion, does it belong to:

1. the original photographer where known?
2. who, if the original photographer is not known?
3. the current owner of the original negative?

TIA
 
Do you know

The identity of the photographer?

If they are alive or dead?

If the works have previously been published and if so the date?


Just personally and not advice if you are unaware of the original photographer, or they're dead I'd feel free to publish
 
boyfalldown said:
Do you know

The identity of the photographer? - no confirmed id

If they are alive or dead? - the fotos are of soldiers either in small groups or individually, so the photographer may have been killed in the war or, the small possibility they may be still alive. If the photographer was 18 in 1939 he would be around 94 now

If the works have previously been published and if so the date? - have researched this and can find no examples of them having been published.
Click to expand...
 
The copyright either belongs to:
  • The photographer or their estate within the relevant period after death (under European copyright law if the creator died shortly before the end of the war the copyright would have expired last week - there's a very famous example of this currently in the news)
  • The employer of the photographer if they were employed to take the photos (watch for Crown copyright with service photographers)
What do you want to do with them?
 
Interesting comment here that may be of use..

In relation to photographs made before August 1, 1989, previous UK copyright laws are applied to determine who is the copyright owner and for how long. There is no copyright in photographs made before 31 December 1945. Copyright in photographs made on or after January 1, 1946 now lasts for 70 years from the end of the calendar year in which they were taken.​

 
Alastair said:
The copyright either belongs to:
  • The photographer or their estate within the relevant period after death (under European copyright law if the creator died shortly before the end of the war the copyright would have expired last week - there's a very famous example of this currently in the news)
  • The employer of the photographer if they were employed to take the photos (watch for Crown copyright with service photographers)
What do you want to do with them?
Click to expand...
They were researched for usage in a book if that is possible but the photographer is unknown and the soldiers show in the fotos are known to be dead so unfortunately nobody to ask for a confirmed id.
 
erding said:
They were researched for usage in a book if that is possible but the photographer is unknown and the soldiers show in the fotos are known to be dead so unfortunately nobody to ask for a confirmed id.
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If it's for a book, get a lawyer's opinion. Don't bank on the opinions of the internet.
 
Alastair said:
Interesting comment here that may be of use..

In relation to photographs made before August 1, 1989, previous UK copyright laws are applied to determine who is the copyright owner and for how long. There is no copyright in photographs made before 31 December 1945. Copyright in photographs made on or after January 1, 1946 now lasts for 70 years from the end of the calendar year in which they were taken.​

Click to expand...

Thanks I had seen that as well, had also found these 2:

http://www.dacs.org.uk/knowledge-base/factsheets/copyright-in-photographs

http://libraryonline.leedsmet.ac.uk/sys.files/guides/photographs_copyright_guidelines.pdf

which are stating different, so hence the question here to see if anybody had 1st hand experience of this.
 
the copyright duration is typically70 years from the end of the calendar year in which the last remaining author of the work dies.
Click to expand...

If the author died before 1946 the copyright has expired. So first of all you need to know the author's details.
 
LongLensPhotography said:
If the author died before 1946 the copyright has expired. So first of all you need to know the author's details.
Click to expand...

but a known id of the author/photograher is not known and neither when he died or if still living.
 
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