Ah ha the quagmire of British copyright law!!!!!
>Anyway, that's my reading of it.
It may be your reading. But the 1998 Copyright, Designs and Patents Act
states otherwise ;-)
In addition to amending copyright, this Act added two new rights to British
law (although similar rights had long existed in some other
countries). The first means that anyone person who 'communicates to the
public' any previously unpublished work anywhere in the EU acquires a right
known as the 'publication right'. [The other new right is 'moral rights'
which are not relevant to this discussion.]
The scope of 'publication' is wide and includes not only any paper-based or
electronic publication but also public exhibitions.
This publication right is akin to copyright, except that it expires after
25 years from the date of first publication. The person publishing
acquires it whether they want it or not. So when you organise a display
about village history and include an old photograph you (and not the owner
of the photograph or the person who owns the copyright to the
photograph who may not be same person) acquire the publication rights for
that photograph.
Publication rights in local history and family history photographs are
unlikely to be valuable. But make sure that they are not acquired
'inadvertently' by other people who want to use your photographs for books,
Web sites or exhibitions by requesting a written waiver.
Maps are a different proverb of fish again as the OS dictates terms for the
reproduction of their maps *and any maps derived from their data* for 50
years after publication date. The reproduction of OS maps more than 50
years old does not need permission but the OS still ask for the following
caption: 'Reproduced from the… [year of publication] Ordnance Survey map.'
Note that maps issued by organisations other than OS remain in copyright
for 70 years from date of issue.
The principles of UK copyright law are quite clear - but often damned
difficult to apply in practice!!!!! If you want chapter and verse see:
'Buying and Clearing Rights' by Richard McCracken and Madeleine Gilbart
(Blueprint 1995).
'Cassell Handbook of Copyright in British Publishing Practice', J.M.
Cavendish and K. Pool, Continuum, 1993
'Copyright Made Easier' Raymond A. Wall, Aslib, 2000 (3rd edn)
'A User's Guide to Copyright', Michael F. Flint, Butterworth, 2000 (5th edn)
Bob
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Bob Trubshaw [log in to unmask]
Heart of Albion Press
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Phone: (0)1509 880725
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