On 9 November 2012 16:14, Fae faenwp@gmail.com wrote:
On 9 November 2012 15:59, Andrew Gray andrew.gray@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 should clarify here - I meant to say that if they have a photo, it's likely it *has* been made available to the public. Either way, it's academic from the "is it PD" perspective)
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.
While there may not be many cases in practice, it is in the legislation, and there's not much room I can see for creative interpretation.
http://www.legislation.gov.uk/ukpga/1988/48/schedule/1
Schedule 1, s. 12(3):
Copyright in anonymous or pseudonymous literary, dramatic, musical or artistic works (other than photographs) continues to subsist ... b) if the work is unpublished, until the end of the period of 50 years from the end of the calendar year in which the new copyright provisions come into force or, if during that period the work is first made available to the public within the meaning of [section 12(3)] (duration of copyright in works of unknown authorship), the date on which copyright expires in accordance with that provision;
The Act proper defines the term to include exhibition:
s.12: For the purposes of subsection (3) making available to the public includes ... (b) in the case of an artistic work; (i) exhibition in public, (ii) a film including the work being shown in public, or (iii) communication to the public;
Not many cases, perhaps, but the use of "exhibition" is indeed there in statute.