Subject: RE: Cecil Sharp's photos for sale. Illegal?
From:
GUEST,Derrick
Date: 29 Sep 21 - 05:38 AM
Nick,
If I read the piece below correctly the copyright has expired.
The paragraph below comes from this source.
https://photo.ballandia.co.uk/wp-content/uploads/2018/07/Photography-and-the-Law-in-the-UK.pdf
Copyright exists in almost anything that has been produced as a result of a person's skill, labour and judgement. That's important to know because almost all man-made objects in the world around us that we photograph could potentially be covered by copyright. Does that mean you can't photograph an everyday object as a still life, such as a wine bottle? Although copyright may exist in such a design, most mass-produced items are unlikely to cause copyright problems. In the case of things like jewellery, fabric, glassware, porcelain and pottery, all of these are subject to copyright. The same applies to photographs, paintings, drawings, etchings, lithographs, tv images and even theatrical performances - although a single photograph from a performance is unlikely to breach copyright. So what's not covered? Well, there's no copyright in a person's appearance, ideas or news; although copyright would exist in a photograph of a news event, as it's a body of artistic work, even though the news content isn't. In photographic terms, an `idea' can be more abstract in meaning. Attitudes in the photographic and legal communities are constantly changing. For example, if a photographer places a blonde model on a blue chair outside the London Eye and another uses a brunette model on a pink chair at the same location with the same pose then surely it's an original work of art by his or her skill and labour? Well, it used to be seen that way in the eyes of the law and the photographic community, but attitudes are beginning to shift. If the case went to court it would be up to a judge to decide if the similarities were accidental or whether the photographer deliberately set out to copy the image. If all this seems to be worryingly restrictive as you wander around town with your camera then rest easy as incidental inclusion of a copyright work, for example a street scene with a shop sign or trademark in the background, isn't an infringement of copyright. The same applies to buildings or sculptures that are permanently situated in a public place or in premises that offer open access to the public. How long does copyright last? In the UK copyright begins at the initial creation and lasts for 70 years after the creator's death, beginning 1st January the following year. Once this time has elapsed, the work falls into the public domain and may be used freely. For more information on copyright law visit www.copyrightservice.co.uk
|
sj
