EU copyright law question

Discussion in 'The Barracks' started by Chris C, May 18, 2021.

  1. Chris C

    Chris C Canadian

    That's current law and confused me because I had heard it was 50 years with respect to WW2 photos. According to wikipedia,

    Crown copyright for artistic works is more complicated, and is entangled in special treatment given to engravings and photographs. For artistic works made after the commencement of the 1988 Act, the rule is the same as for other works: 50 years after publication or 125 years after creation. An engraving created before commencement and published after commencement is in copyright for 50 years after publication. Copyright of an engraving created before commencement and unpublished expires at the end of 2039. Photographs taken between 1 June 1957 (the commencement date of the 1956 Act) and commencement, and published, expires 50 years after publication. Photographs taken between 1 June 1957 and commencement, and unpublished, expires at the end of 2039. Photographs taken before 1 June 1957 expire 50 years after creation.
    Copyright law of the United Kingdom - Wikipedia
     
  2. PsyWar.Org

    PsyWar.Org Archive monkey

    Albeck, that is current terms of Crown Copyright. Duration and definition of the meaning of publication, has changed a few times in the last 80 years.

    Up to about 1957 Crown Copyright expired 50 years after a photograph was taken IIRC. This was extended to 70? years and further lengthened in the 1990s. However, later changes were not retroactive. My understanding is that Crown Copyright has expired in all photographs taken prior to 1957.

    However, IWM, TNA and other archives provide copies under reproduction rights contracts which govern how you may use copies of photos, etc, they supply.
     
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  3. alberk

    alberk Well-Known Member

    PsyWar.Org - that would be good news, provided that you don't have to order printable copies from the IWM. There are ways to get around this...
     
  4. PsyWar.Org

    PsyWar.Org Archive monkey

    Albeck, yes there's plenty of copies of British official photography in the U.S. National Archives plus soucres like contemporary press pictures.
     
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  5. alberk

    alberk Well-Known Member

    Hello PsyWar.Org,
    would you be able to provide a source or a link to source for the above information? If this is a reliable piece of information it could make life easier for a quite a few people ...
     
  6. idler

    idler GeneralList

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  7. Richelieu

    Richelieu Well-Known Member

    The Copyright, Designs and Patents Act 1988, as amended, is the principal statute in force.

    Crown Copyright is addressed by section 163 with s.163(3) reading:

    (3)Crown copyright in a literary, dramatic, musical or artistic work continues to subsist—

    (a)until the end of the period of 125 years from the end of the calendar year in which the work was made, or

    (b)if the work is published commercially before the end of the period of 75 years from the end of the calendar year in which it was made, until the end of the period of 50 years from the end of the calendar year in which it was first so published.


    The general provision is provided by the section 12 which was amended in 1995 to increase the protection from 50 to 70 years, but this change did not apply to Crown Copyright. This change was brought about by The Duration of Copyright and Rights in Performances Regulations (1995 No. 3297) which implemented Council Directive No. 93/98/EEC.
     
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  8. PsyWar.Org

    PsyWar.Org Archive monkey

    First thing to say is, don't take Copyright advice from someone on the internet. So what I've said is my personal opinion.

    Section 39(4) of the Copyright Act, 1956:

    "Copyright in an artistic work to which Her Majesty is entitled in accordance with the preceding provisions of this section shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the work was made, and shall then expire :

    Provided that where the work in question is an engraving or a photograph, the copyright shall continue to subsist until the end of the period of fifty years from the end of the calendar year in which the engraving or photograph is first published."

    The above law was later changed.
     
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  9. Swiper

    Swiper Resident Sospan

    This IPO Copyright Notice is exceptionally important.

    It drives a massive, massive bus through national museums' claims & pretty damn clear.

    As foreshadowed here the contract element, if you copy in person, is key.

    tldr: agreeing to contract > copyright

    I was hopeful that there was a way around accessing images that appear to be wilfully poorly digitised as part of image policy. This does not appear to be the case.

    Copyright notice: digital images, photographs and the internet
     
  10. Swiper

    Swiper Resident Sospan

    I've fought for years to find ways around these problems & restore access to our shared heritage to all, democratise historical engagement & facilitate new study.

    So whilst images uploaded online are easier to use, access to physical copies really... well... requires wholesale management change at IWM, & across the wider museums sector.
     
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  11. papiermache

    papiermache Well-Known Member

  12. alberk

    alberk Well-Known Member

  13. alberk

    alberk Well-Known Member

  14. idler

    idler GeneralList

    And the powers that be seem to have no interest clarifying the situation. Or they have too much interest in not clarifying it...

    The Australian War memorial has (or had, not looked for a while) an odd halfway house arrangement. Their tack was that the low res copies of official photographs were 'free to use' but you were expected to licence higher res versions. Of course, 'free to use' is not quite the same as declaring them out of copyright or public domain. In a sense, it's a variation of TNA's transcription waiver - arguably a limited offering to make us feel grateful for what we get.
     
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  15. alberk

    alberk Well-Known Member


    I just checked - public domain!

    Buffalos Rhine.jpg
    RHINE RIVER, GERMANY. 1945-03-23. AN ALLIED AMPHIBIOUS TANK LEAVES THE WEST BANK AND HEADS EAST ...

    Place
    Europe: Germany
    Accession Number SUK13979
    Collection type Photograph
    Object type Black & white - Print silver gelatin
    Conflict Second World War, 1939-1945
    Copyright
    Item copyright: Copyright expired - public domain
     
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  16. alberk

    alberk Well-Known Member

    Another example - this well-known IWM photo (BU2277) is declared public domain by the Australian War Memorial:
    British paras.jpg
    Place Europe: Germany
    Accession Number 128680
    Collection type Photograph
    Object type Nitrate, Silver Gelatin
    Physical description Nitrate, Silver Gelatin
    Conflict Second World War, 1939-1945
    Copyright
    Item copyright: Copyright expired - public domain
     
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  17. alberk

    alberk Well-Known Member

    From the AWM website Copyright and this website | Australian War Memorial (awm.gov.au) :

    Copyright expired - public domain

    This term describes material held in the National Collection that is clearly out of the period of copyright protection. Material that has passed out of the period of copyright protection is known as being in the "public domain" and is free of known copyright restrictions.

    There is more information about the Public Domain Mark at http://creativecommons.org/publicdomain/mark/1.0/

    You do not need permission from the copyright owner to copy this image from the Memorial's web site, or to reproduce it elsewhere.

    A high quality reproduction of this collection item may be purchased from the Australian War Memorial's eSales Unit. In this case, a user fee may apply to your intended use of the reproduction. In addition, Conditions of use will apply to all high quality reproductions supplied by the eSales Unit.

    Please read our Help: online shop and collection reproduction sales page for details of how to place an order, or, contact the eSales Unit for further advice and assistance:

    eSales Unit
    Australian War Memorial GPO Box 345
    Canberra ACT 2600
    Phone: +61 (02) 6243 4555
    Email: esales@awm.gov.au
     
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  18. papiermache

    papiermache Well-Known Member

    "It is not legal advice" = "nobody knows" in my language, especially when it comes from the UK Government, but I appreciate your efforts in trying to achieve clarity, Alberk. The thread title does refer to EU copyright.

    "Guidance
    Protecting Copyright in the UK and EU
    Guidance on UK and EU copyright protection for right holders and users including business, cultural heritage institutions and consumers. It is not legal advice."

    Protecting Copyright in the UK and EU
     
  19. alberk

    alberk Well-Known Member

    Hello papiermache
    I did not start this thread but noticed a while ago that the last posts discussed Crown Copyright and the use of photographs... so I took it from there.
     
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  20. Richelieu

    Richelieu Well-Known Member

    Sorry, although correct, my previous post was misleading in the context of this thread.

    While Schedule 8 confirms that the 1956 Act was repealed in its entirety, Clause 12(2) of Schedule 1 provides that “Copyright in the following descriptions of work continues to subsist until the date on which it would have expired under the 1956 Act... (c) published photographs and photographs taken before 1st June 1957”. Which matches TNA’s flowchart.
     
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