I think that Frank Sharman is correct except if you copy from the book and
use the layout of the author who included the picture
you may be infringing. The basic issue is are you copying something that
contains the author's input additional to an identical copy of
the out of copyright item(photo or picture.)
However
one possible source to explore the issue further:
is the Copyright Directorate
Copyright enquiries should be made to our Enquiry Unit on;
Telephone: 0845 9 500 505 (UK callers only - charged at local rate)
International callers: +44 (0)1633 813930
For more specific enquiries relating to copyright please contact;
Telephone Fax E-mail
Teresa Arnesen +44 (0)20 7596 6513 +44 (0)20 7596 6526
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Frank Sharman said
I do not think this is the case - though I agree that a lot of publishers
and others think that it is.
What confuses the issue is that if I have an out of copyright original I
can sell you a copy subject to a term in the contract that you will not
reproduce it without my permission and, if I want to make money from it,
unless you pay me for doing so. This is how most picture libraries, art
galleries and the like, operate. But that contract is personal and cannot
bind others. So if I let you have my out of copyright photo subject to
such conditions, and you print it in a book, then anyone else can copy it
from that book and use it - the photo has escaped into the public domain.
Tom Jackson Silloth Cumbria
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