Charles' Copyright Corner

Prof Charles Oppenheim, Director, International Institute of Electronic Library Research     charles@dmu.ac.uk     (Division of Learning Development De Montfort University Hammerwood Gate, Kents Hill MILTON KEYNES MK7 6HP)

Ariadne 1997
(ReLIS:doi:doiari:y:1997:i:11:p:11)

Abstract:

From Dr. Raymond Turley, Southampton University: I am still confused about the position of elderly photographs following relatively recent changes to UK copyright law. I have yet to see a reasonably definitive statement of what the situation now is, and the last time I looked into the matter, it seemed that in some cases in order to determine whether or not an old photograph is in copyright (or likely to be so), you had to be aware of how it might be treated under the law of another EU state! The situation seemed further complicated by the fact that in at least one EU member state, different types of photograph were afforded different kinds of protection, so you had to second guess how the courts in another country might view the particular image under consideration. Charles replies: The law regarding the lifetime and ownership of photographs is indeed complex, but not as complex as is implied in this query. The simplest summary of the lifetime can be found in the Aslib Guide to Copyright, Section 2.6.7. Generally, it is 70 years from the date of creation or publication, but if made since 1989 and the creator is known, it is 70 years from the end of the year in which he or she died. One thing, though, is clear - you need take no account of any other country's copyright law - if you are copying photographs in the UK, then it is just UK law that applies.

Keywords: From each article, you can move back and forth between articles written for the same column in other issues of Ariadne.
Note: Professor Charles Oppenheim answers some of your copyright queries. This issue the queries deal with old photographs, photographs of paintings/statues etc, copyright declaration forms and EDD, and a number of queries regarding the Internet. This article appears in the Web, and not the print, version of Ariadne. Please send your queries to ariadne@ukoln.ac.uk
Month: September 1997
Year: 1997

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