Gerry
In short, no.
Copyright in the UK does not have to be claimed. It subsists automatically
from creation of the work until it expires in accordance with the relevant
provisions of the 1988 Act (normally 70 years from the death of the author,
but with some major exceptions covering many works until the year 2039). The
text of an unpublished 13th century manuscript is still in copyright. What
you might be thinking of are the provisions in the Copyright Act 1956 (ss
7(6) and (7)) allowing copying and publication of some works without
infringement, which are still in force. They are set out below.
Where a literary, dramatic or musical work (but not an artistic one, such as
a map or photograph) is open to public inspection in an archive, library,
etc, and:
- it has not been published; and
- the author died more than 50 years ago; and
- the work was created more than 100 years ago;
it may be copied without permission and without infringement for the
purposes of research or private study or with a view to publication. A
person may then publish it, so long as the identity of the owner of the
copyright is unknown to the publisher.
Tim
---------------
Tim Padfield
Copyright Officer
Curator of Photographs
Secretary of the Lord Chancellor's Advisory Council on Public Records
Public Record Office
Tel: 020-8876 3444 ext 2351
Fax: 020-8392 5295
> ----------
> From: Gerry Dane[SMTP:[log in to unmask]]
> Reply To: Gerry Dane
> Sent: 15 February 2000 12:54
> To: archives-nra
> Subject: Copyright
>
> Help! Are there any lawyer types lurking in the ether today?
>
> Am I correct in believing copyright law to be inapplicable in any case
> where
> 75 years have elapsed without copyright having been claimed?
>
> Gerry
>
>
> -------------------------------------------------------------------
> The views expressed in this message are those of the
> sender and not necessarily those of the University.
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