Copyright laws

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cardluver

Copyright laws

Post by cardluver »

I wish to produce some Greeting Cards from old postcards(mainly real photo cards). Does anyone know which cards I could use without breaching copyright ?

I read somewhere that pre 1924 cards do not have copyright , except for some art cards.

Any advice would be aprreciated.

Thanks.

Andrew
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Location: Gillingham, Kent

Post by Andrew »

I have considered doing something similar - producing a book of vintage postcards (and prints). It would be interesting to know exactly what copyright laws would apply (if any), or whether I can just go ahead and have the book published (assuming I can find a publisher who will do this)

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kevinramsdale
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Post by kevinramsdale »

I did try to find out some definite info on this when the original post came in, but gave up in the end.

Judging by the number of books based on early postcards which exist I think it is safe to say that copyright is not a problem with such material - but can anyone quote the actual regulations?

Kevin

8)

santadog99
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Post by santadog99 »

It is hard enough trying to find out who the publishers and photographers were on early postcards, without even worrying who owns the copyrights.
Avoid reprinting anything by publishers who are still in business or were very well known publishers - ie Friths, Valentines, Judges, Tucks or WH Smiths etc.

Andrew
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Location: Gillingham, Kent

Post by Andrew »

Thank you for the tip.

MichaelDay
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Post by MichaelDay »

[quote="santadog99"]It is hard enough trying to find out who the publishers and photographers were on early postcards, without even worrying who owns the copyrights.
Avoid reprinting anything by publishers who are still in business or were very well known publishers - ie Friths, Valentines, Judges, Tucks or WH Smiths etc.[/quote]

This is a good point at least from an ethical perspective, by avoiding using material produced by currently active companies you are not denying them any income. Whereas with postcards from obsolete firms it is usually near impossible to find out who owns any residual copyright - if any.

My understanding is that the Friths archive in particular is now being marketed by the Francis Frith Collection - which is not the original firm, they may claim rights on any products they supply but I'm not sure if they can prevent you from using any of the early material where copyright has lapsed - if you have an original card or photo.

I'm also fairly sure that 'trademarks' including company names are different issue and are not affected by the same timescale as copyright law. If reproducing you should really obliterate / retouch any references logos etc. used by currently operating companies.

If unsure you should seek proper legal advice - rather than anything you read on a website.

Baldlygo
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Post by Baldlygo »

MichaelDay wrote: I'm also fairly sure that 'trademarks' including company names are different issue and are not affected by the same timescale as copyright law. If reproducing you should really obliterate / retouch any references logos etc. used by currently operating companies.
I am only concerned with publishing postcards older than 70years old on the internet and would have thought that companies still going would actually been pleased to have their trademark name and logo acknowleged.

Paul

Moonraker
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Post by Moonraker »

Baldlygo wrote:
I am only concerned with publishing postcards older than 70years old on the internet and would have thought that companies still going would actually been pleased to have their trademark name and logo acknowleged.

Paul
Copyright is a nightmarish field and checking out the law on specialist websites can be a bit overwhelming. For some time I've thought that copyright, in the case of postcards originally published by an individual remained with that person's family until 70 years after his/her death. I know of one well-known local PC publisher whose grandson points this out to those who reproduce cards in books - but is very co-operative if one asks first!

Quite how one traces descendants of publishers I don't know, especially if the name is quite common. To be pragmatic, I can't see anyone - company or individual - suing someone who reproduces a couple of cards; I suggest a cautionary statement by those who do reproduce a card in a book (or website): "I have tried to identify the owners of copyright but eight years or more after origination this has not always proved possible. Copyright holders are invited to contact me so acknowledgements can be made in any further edition."

Now and then I see modern booklets of reproductions of old local cards that can be used as postcards today, with the printing on the back reflecting the new publisher - who, I presume, has obtained permission from the original publisher.

Moonraker

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