On 9 November 2012 15:59, Andrew Gray <andrew.gray(a)dunelm.org.uk> wrote:
...
it was published by the 1930s, you're safe. If it
wasn't published but
has been exhibited ("made available to the public"), copyright remains
until the end of 2039, or 70 years after first exhibition if that's
longer. If it's never been made available to the public - which is
likely if they have a photo - then copyright remains until the end of
2039.
I am aware that some books on copyright put the exhibition scenario
forward, and indeed I have been subject myself to claims by archives
attempting to exercise this right (which I basically ignored). However
I do not believe there is any background of real cases that support
this theoretical interpretation. I could easily be wrong, if you
happen to have some cases that had their day in court to clarify and
confirm interpretations, I would appreciate the references.
Special archive exhibitions with important material, often have other
estates involved who are interested in protecting their rights of
reproduction. Again, that's a different scenario and more about how
exhibitions protect themselves.
PS Classic; I'm short of time and have big things to attend to, and so
find myself in the Wikimedian way, spending my time talking copyright.
Cheers,
Fae
--
http://j.mp/faewm Wikimedia Commons
Guide to email tags:
http://j.mp/mfae