[WikiEN-l] "Permission required" on copyright expired images...

[James Alexander]

It looks like the rule in Australia is currently life of the creator +70 for
public domain but actually thats very new (2005) and before that it was only
50 years after death so anything where the creator died after 1958/9 should
be public domain. (
http://creativecommons.org.au/materials/Australian_Copyright_Blog_Guide.pdf
page
77) In the US anything published before 1923 is public domain already
automatically (which that picture sure seems to be with the date). Between
1923-1949 IF it was published with a copyright notice it can be extended up
to 95 years from published date but thats 28 years with a 47 year renewal
and a 20 year extension (most arts were NOT renewed and so expired after 28
years)http://www.copyright.gov/circs/circ22.pdf
<http://www.copyright.gov/circs/circ22.pdf>So long story short, I think it's
almost guaranteed to be in the public domain... Under both US and Australian
law. I'm not sure why they are trying to claim that you need permission to
use it. The Australian law actually says if the goverment was the one who
published it first (possible) that it's only 50 years from publication
regardless of the authors death date so then it's even more likely it's in
the public domain.

I'm sure someone more knowledgeable then I will respond but It looks like
it's in the public domain to me but you may want to shoot them an email or
something to ask about it.

... and Edit Conflict while looking for links another email response just
came in from Carcharoth Oh well I'm going to send anyway so that you get the
links :)

-Jamesofur

On Thu, Sep 17, 2009 at 11:48 PM, Steve Bennett <stevagewp at gmail.com> wrote:

> Question for the copyright experts. See this image:
> http://images.slsa.sa.gov.au/mpcimg/01000/B838.htm
>
> It's over 100 years old, and there is no clear copyright statement
> (ie, the photographer isn't listed). Yet they say "Any other use
> requires permission from the State Library of South Australia."
>
> 1) On what basis can they demand that users ask permission?
> 2) In what circumstances can Commons or Wikipedia ignore such a
> demand, and assert that the image is public domain or copyright
> expired?
> 3) What is the status of an image which is probably copyright, but no
> one knows who owns the copyright?
>
> I realise that this case might be a bit borderline, so if you prefer,
> imagine that the image was old enough that we could reasonably assume
> the photographer has been dead more than 70 years.
>
> Steve
>
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-- 
James Alexander

aim-jralex17