Copyright laws

st.tedlo

Hello everyone,

I have searched and searced to no avail, so maybe someone can help.

If I buy a what seems to be a pre 1950 negative how am I fixed to legally use the image on packaging? The photographer is unknown, it is a negative that I have stumbled across in a charity shop so have no idea who the person is or where the picture was taken.

I realise that more than 70 years has passed so as far as I can see I should be able to use the photo?

Thanks in advance for any advice.

Uncertain

st.tedlo wrote: »

Hello everyone,

I have searched and searced to no avail, so maybe someone can help.

If I buy a what seems to be a pre 1950 negative how am I fixed to legally use the image on packaging? The photographer is unknown, it is a negative that I have stumbled across in a charity shop so have no idea who the person is or where the picture was taken.

I realise that more than 70 years has passed so as far as I can see I should be able to use the photo?

Thanks in advance for any advice.

Copyright lasts for 70 years from the END of the year in which the photographer died (i.e not the actual date of death). It is not 70 years from the date the photo was taken.

It would have been taken under the OLD (i.e. pre 1988 copyright act).

Under the old act, if it was a COMMISSIONED photograph then the copyright belonged to whoever commissioned it and not the photographer. (This rule changed in the 1988 act).

If it was not commissioned then the copyright belonged to the photographer in the first instance.

In both cases something different could have been agreed but this is the default position.

From a practical point of view the only likely problem is if the photographer's images are now represented by some organisation. Some, such as DACS can be quite aggressive!

lincroft1710

Even if the copyright wasn't for 70 yrs after photographer's death, a 1950 photo is only 60 yrs old.

st.tedlo

Hi

Thanks for your reply. As the photograph is just a family snapshot I really can't say who the photographer was, to be honest I was hopipng to use the image on a website and possibly on gift tags. As it would be impossible to trace the owners as it appears to have been dumped during a house clearance type event, I really dont know what to do!

I have found Tim Padfields flow chart which indicates that pre 1957 only 70 years applies and that work registered by a known person has the 70 years after death rule.

I expect I need to telephone Copyright and hear it from them!

prosaver

[IMG][/img]http://4.bp.blogspot.com/_mXoMRHmUZDE/R7a4LIlHkeI/AAAAAAAAAE8/d5xA-w8DVl8/s320/mavis_riley_76_1.jpg
well I dont really know

st.tedlo

lincroft1710 wrote: »

Even if the copyright wasn't for 70 yrs after photographer's death, a 1950 photo is only 60 yrs old.

Hi Yes you are right but I did say pre 1950!

I suspect the photo is closer to 1940's but either way the 70 years after death applies to a known artist and as this person is unknow it is 70 years after the picture was taken apparently.

prosaver

[IMG][/img]http://4.bp.blogspot.com/_mXoMRHmUZDE/R7a4LIlHkeI/AAAAAAAAAE8/d5xA-w8DVl8/s320/mavis_riley_76_1.jpg
well i dont really