Humphrey Southall wrote:
"... unfortunately the only maps to show parishes are still within
copyright -- a 1957 OS map, and a David and Charles reprint of 19th century
maps."
The original 19th century maps would have been in copyright but presumably
are no longer. A straightforward copy of a non-copyright document is not
itself copyright. The reason for this is that the copy does not have any
originality - an essential ingredient of copyright.
This seems to be the law. The best reference is Tim Padfield, Copyright
for Archivists and Users of Archives, Public Record Office, 2001, at page 12ff.
People who make copies of old documents for sale do not like this. They
will argue either that the cases on this point were wrongly decided; or
that their copy does in fact have sufficient differences as to make it
original. And I am sure that the World Intellectual Property Organisation
will be trying hard to clarify or alter the law.
If the David and Charles maps can be used for your purpose you might have a
word with them to see if they can produce any reason why you should not use
them for those purposes.
Frank Sharman
Wolverhampton
01902 763246
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