Thanks, Fae!
d.
On Fri, Nov 9, 2012 at 9:51 AM, Fae faenwp@gmail.com wrote:
On 9 November 2012 08:30, Daniel Mietchen daniel.mietchen@googlemail.com wrote: ...
their digital collection under more liberal terms than CC BY NC. It is of a portrait made around 1915, of someone who died before 1930. I don't know who the painter was, nor whether or when they died. I don't know who made the photo or whether the portrait is actually in the museum (I suppose it is).
If the painter is unknown then the 70 year rule applies for anon works in the UK http://commons.wikimedia.org/wiki/Commons:Copyright_rules_by_territory#United_Kingdom.
However, if it can be worked out who the painter was (i.e. the information is knowable, not just that you or the museum don't happen to know it), then you have to calculate from the date of death. I think if the painter is named but date of death is unknown, then you would assume that the painter might have lived to a record breaking age, something like 115 years old, but I don't believe this is based on case law and I'm unsure what advice to give in this area.
PS the photo must be a faithful two dimensional reproduction to have no copyright in itself; if there is a mounting or frame in the photograph then this has to be cropped out unless the frame has no creative content.
Fae
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