[Commons-l] 100 years old images

[Daniel Kinzler]

contact at robinschwab.ch wrote:
> 
> Daniel Kinzler <daniel at brightbyte.de> hat am 21. Mai 2008 um 10:20 geschrieben:
> 
>> Note that there is a difference between a work published anonymously, and a
>> work
>> whos author is unknown. Anonymous works are not problematic if the date of
>> publication is known: copyright generally ends 70 years later. If the author
>> is
> 
> AFAIK most countries don't have such a paragraph. Germany has one but even there
> the heirs can say it's the picture of their ancestor and then the 70 years
> p.m.a. applies.

Several countries do, including the US, afaik. But yes, post-factum authorship
claims are a problem. However, some countries (including, according to
Wikipedia, Switzerland buzt not Germany) have the rule that such claims must be
made within 70 years of the anonymous publication. Sone once they are over, you
would be safe.

 >>> Take the 228 years old newspaper NZZ in
> ...
>> They distribute it on its own, claiming you can use it for any purpose?
>> really?
>> got a link?
> 
> http://www.nzz.ch/nachrichten/medien/wsj_chefredaktor_1.739127.html Robert
> Thomsons image.

I see an low-res image used in editorial context, showing a person of interest,
not something copyrighted on its own; this may be fair use (a pokemon shirt
would be, under the same circumstances). The photo copytion sais "pd" without
any explanation what is meant by that. Might even be the photographers initials,
who knows. I can't see why this Image would be legally PD anyway.


-- Daniel