Apologies in advance if this is detailed elsewhere, as I'm sure it a common topic. I am currently planning a website relating to the South Lancs in WW2. As well as my own text, I intend to use images of the War Diaries (its not for profit etc so I'm not worried about these), and also include the section of Regimental history relating to the period - this was published by a publishing co. in 1951, and has not been reprinted since. Is this book still subject to copyright or does the 50 year rule apply? I can make attempts to trace the publishers successors, but not if there is no need. Any advice appreciated. Pete.
Depends if the Regimental history is Crown copyright or not. If it's Crown copyright then my understanding is that it has expired. If it was privately published then it is still under copyright until 75 years after the author's death. (The 1996 European copyright laws were retroactive and really complicate things). Publishing images of war diaries is also problematical. To be safe it would be better to transcribe them (that what also be very useful in driving traffic to your website as the text will obviously be indexed by search engines). Lee
I'd guess that the regimental history was published by Gale & Polden ? I can't imagine that anyone is actively protecting their copyright. Poor old Gale & Polden were eventually sucked up by that thieving b*stard Rober Maxwell, so a small breach of copyright would be well down the list of injustices that their lawyers need to sort out.
This a useful thread started by Peter as I too am in the throws of a fledgling website. What about protecting your own work on such a website? What are the possibilities and boundaries involved here? Thanks. Steve
It was White Swan Press, Bristol - they published a fair few military history titles in the 50's. Had a look on Google but they seem to have disappeared, nothing after about 1957ish, so I guess they were either bought out or folded. Maybe transcribing isnt such a bad idea (and I think I know someone who has done a lot of it already....) if it gets around copyright issues. None of my work is groundbreaking to be honest Steve - your lists for Rangoon Jail are unique and a result of your hard work, I just ferret about and have a good memory for small detail, which comes in useful when people ask questions here or at ww2talk. Its just the lack of a good website for the Regt in ww2 that needs adressing really. I am due to visit the QLR museum with my Dad soon, I might have a chat with them about it, as they hold so much NA material. An example would be the quarterly regimental magazine - they full of great info and I would like to include them - the pre-war ones I have are fascinating - and I know the museum has a stack of them. Thanks for the input. Maybe I can track down Mullalys desendants, get their permission to use his book. Pete
Hi Pete, It is all a bit of a minefield really! I have a lot of new detail straight from the families of my boys, but I would still like to use some material from books and diaries. Has anyone ever successfully obtained permission from an author/publisher for use of their material? Thanks.
Normally you see the legend " by kind permission of " or "permission to quote from" cover a lot of books and documents refered to in the bilobiography. It may be worth contacting the local paper to see if the publishing house was taken over by a current publisher, often they would of placed a small piece about the firm in their paper. The other option may be the British Library to see if they have copies of reprints from a latter date than you know off
Here's a handy guide, which applies under English law: Literary, dramatic, artistic and musical manuscripts which were later published For manuscripts which were later published, the subsistence of copyright will be calculated according to when the work was published and when the author died. Manuscripts with a known author published in the author's lifetime remain in copyright for 70 years after the death of the author, provided the author is a European Economic Area national, or the work was first published in a European Economic Area country. Manuscripts with a known author which were created and published prior to 1989 but after the author's death remain in copyright for 50 years after publication or for 70 years after the author's death whichever is longer. Manuscripts published after 1989 remain in copyright for 70 years after the author's death. Manuscripts with an unknown author remain in copyright for 70 years after the year of publication. paradigm | workbook on digital private papers | legal issues | intellectual property rights However, with regard to older works, this tends to be very difficult to comply with as defunct publishers, authors, literary agents and literary executors are very often untraceable. I would suggest that in this case you add a disclaimer stating that you have made reasonable efforts to trace the copyright holder(s) but have been unsuccessful and that the text is reproduced in the spirit of fair use and not for profit.
