Expired Copyright

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nickbits
Posts: 13
Joined: Thu Aug 25, 2011 3:09 pm

Expired Copyright

Post by nickbits »

Dear All,

I know there are many topics on copyright here, but there is one question that I have not seen asked or answered. I realise I may have missed it and/or am being dumb.

I have a postcard that is over 70 years old, some are 90 or 100 years old. I therefore assume no copyright exists on them. However, I know that the original negatives are held by a museum. Now to reproduce the postcard in say a publication the museum say that you have to pay a fee. So is this the case? My understanding was that if I got the photograph from them then yes I would have to pay but that if I used a postcard that is over 70 years old and I used that rather than getting a copy from the museum then I would not have to pay.

I did pay for the last one I used, but am hoping someone with some experience can clarify the situation.

Regards,
Nick

Moonraker
Posts: 222
Joined: Tue Apr 24, 2007 5:23 pm

Re: Expired Copyright

Post by Moonraker »

Nick

This is one of many aspects of copyright that takes us in ever-decreasing circles, as I've found on a Great War forum to which I belong. If I was in your shoes I wouldn't worry, but then I'm inclined to be pragmatic about these things. There can be just a couple of prints of a century-old postcard or there can be hundreds,and in nearly all cases establishing who the copyright holder is and where (s)he is is almost impossible. Several museums and libraries that I know have prints of quite common postcards and claim copyright on those copies, though usually it's the case that they want to charge you a fee for reproducing them. They don't have any claim on other copies and I don't think the fact that they hold the negatives is relevant.

And I don't think they could be bothered to challenge anyone who reproduces another copy, even if they found out.

As I've probably said before here, I know of one person who is protective of copyright of postcards that his grandfather published, though I suspect his legal rights will be expiring soon, if they haven't already done so, under the "70-years-after-death" rule.

Moonraker

nickbits
Posts: 13
Joined: Thu Aug 25, 2011 3:09 pm

Re: Expired Copyright

Post by nickbits »

Dear Moonraker,

Thank you for the reply. This is one reason I truly hate copyright, it is never clear cut. The museum I know has the original negatives, I know that for a fact. I am just a little paranoid, I know another author who didn't worry too much, he got caught and had to pay. Mind you that was a well known company and the photographs were at that time still within copyright.

I have had several people tell me if MUSEUM A has the negatives or originals, and the postcard/photograph is older than 70 years, and you have a copy/postcard that did not come from from say MUSEUM A, then you can use it without paying a reproduction fee. My worry is that they could not tell me where that information came from. I don't want to pay high reproduction fees if I do not have to, but at the same time I want to be on the safe side and know for sure.

Anyway, thanks for the reply.

Regards,
Nick

Moonraker
Posts: 222
Joined: Tue Apr 24, 2007 5:23 pm

Re: Expired Copyright

Post by Moonraker »

Some people conscientiously check if a company that published a postcard 100 years ago is still in business - or if there's a traceable descendant of the individual who did so - which can be a bit of a chore if one is publishing a book with 85 old postcards reproduced, as I've just done. Others make a token effort. Yet others don't bother. But I've never heard of anyone checking if the negatives (or glass plates) still exist for copyright reasons. Pragmatically, what are the chances of a person or organisation claiming copyright finding out that a print has been reproduced?

(In my case the book was very localised, so the grandson of one photographer would have found out. I approached him for consent, which he gladly gave, and he even ran off quality prints from granddad's plates for me.)


Moonraker

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