Advice on the copyright thing please

[jacksgranny]

I have a photograph that I'd like to post for dating, but I don't want to infringe the copyright rules on this site. 

I fully appreciate the need for such rules, but can anyone advise how we are supposed to know whether more than 70 years have passed since the death of the creator of the photgraph?

The photo that I want dating was, I think, taken in the Edwardian period.  If the photographer was a young(ish) man then, and didn't die until he was old, then we would technicaly be within this 70 year period.  However, I have no way of knowing whether this is the case or not.

Help!!   

Sorry if the answer to this is obvious, would be grateful for guidance.

Pauline

[miagre1]

Hi Pauline, 

If the photograph was paid for, that is Joe or Josephine public walked into a studio, got their photo taken and paid for the proceedings and the photo print (and negative, although the photographer usually retained the negative). then contract law applies.

The photo was then said to be commissioned.

Copyright in Commissioned photographs taken before 1st August 1989 belongs to the commissioner, not the creator provided money was paid for the photography.

Contract Law over-rides Copyright Law.

Duration of copyright in photographs is complicated as the law changed in the acts of 1956, 1988 and 1995

Generally if the photographer is unknown then the 70 years from the date the photo was taken applies, wether published or unpublished.

If it's a Crown or Parliamentary photo different rules apply.

Run your photo through Tineye or the Google image search. Others are in Beta at the moment.

George

[jacksgranny]

Hi George

Many thanks for your advice.   

The photo was clearly commissioned, posed, framed, etc., so I guess that Contract Law applies.  I will read the rules again.

I note a number of photos posted on this site within the same sort of time frame and younger, and no mention of the copyright thing.  Am I being too literal here?  I have fallen foul of a rule already, and don't want to do so again ........ 

Feeling a bit thick     

Pauline

[dobfarm]

Hi,
If its Edwardian time period 1901 to 1911 (Unless you mean 1936/37 uncrowned King Edward time scale as Edwardian) then I would say its well past 70 years and anyone in the photo no matter how young then? will be over 101 years old now . Put in the similar comparison now, would be you seeing yourself in a newspaper article snapshot of some event as a bystander in the photo.

It maybe still in copyright technically but custom and practice no

http://en.wikipedia.org/wiki/Custom_(law)

[Ruskie]

Hundreds of similar photos have been posted on rootschat, so go ahead and post yours!

If there is any particular problem regarding yours, I'm sure it will be removed if necessary.

[jacksgranny]

Many thanks everyone for your advice.   

Ruskie - that's what I thought, I just didn't want to be naughty a second time when I've made less than 30 postings!

I will go ahead and post it.

Pauline

[jacksgranny]

Oops.   

Trying to show that the topic is completed, obviously I haven't manged to do it right.  Anyone able to give me a 2 second tutorial?

[silvery]

It's not absolutely necessary.   Just leave it to drop down the page. 

[jacksgranny]

Thanks Silvery

While you were posting I read the instructions