Off topic - Using Great War Photos

Hi all,

I know some forumites have webpages, so you guys might be able to answer me something.

I'm looking at starting a page, and I tried to look up copyright rules for these photographs however I ended up more confused than before I started.

I was under the impression that copyright was well and truly expired for photographs taken during World War I. However I don't think you can just scan photos out of your favourite war book and put them on your page, can you?

I independently stumbled across the site Mark mentioned in a thread a few back. It said that you should get permission from where the archive itself got the pictures from if you want to use it for commercial purposes. Have these places somehow taken out their own copyright these pics?

Basically I'm asking if anyone who knows can give me some basic guidelines to follow when choosing pictures for my page. I would really appreciate any info.

Thanks

Simon

PS sorry - it seems lately that i rarely start a thread that DOESN'T start with the words "off topic." Oh well, at least there is little chance of this thread degenerating into below-the-belt personal attacks

Simon

I am studying copyright law at the moment, but it is British copyright law so the same would not apply elsewhere, although it is pretty much the same the world over.

The basic rule is always if the picture/diagram is more than fifty years old then you can use it freely. The only problem is if you take it out of a book less than 50 years old then you can infringe the copyright of the book.

If you copy a section of a book that is less than 70 years old on to your web page you will also infringe copyright. This law has just change from 50 to 70 years so some materials went back into copyright.

However all this is pretty much relevant as the chances of the people a)finding your webpage b)bothering to sue you, are very slim. As long as you put a reference to where you got the material from, the worst they will do if they find you is ask you to remove it.

Hope that helps, no bill for that one!

Mark

May I second Mark's observations. Much will be gained by application of common sense - i.e. let's face it, a lot of times books themselves are simply recycling old photos. At the risk of sounding facile, I recall a maxim from public service - "It is often easier to ask forgiveness than to seek permission".

[PeterL]

Everything which has been said makes perfect sense so far. I run two web sites, on one everything is original, on the other I have used published photographs and original artwork. I draw the line (no pun intended) at stealing someones artwork. As neither site is used to conduct any kind of commercial activity I don't anticipate any trouble, but I see a lot of sponsored sites around using very familiar copyright material for which I am sure they have no permission. Some even have the gall to put their own copyright warning on material they have filched, now that's cheaky.

Peter L

[Vigilant]

Just to add to what Mark said, in the UK the civil procedure rules have just been changed so that no one can take you to court without first giving you a chance to comply with the law (Woolf reforms). Well, they can, but they won't get a costs order against you. So they will waste lots of money even if they win.

Most likely you could just offer to remove the photos and that would be the end of the matter. They'd get hit for a large financial penalty by the court for wasting its time otherwise.

No fee either,

Vigilant (Dip. Law)

[mike_baram]

I only request that you don't include my WWI baby photos. I don't need any more embarrassments in my life.
Thank you.

You are more than welcome to use my personal letters from Eddie Rickenbacker but I must warn you. If any letters or photos are used for personal gain I will stop all contact and possibly consult my lawyer's. I have know Idea what a lawyer is but I can give you some very interesting inf into the WW-1 career of Cap'n Eddie. Send me some info and if you sound honest, I will send you some images that cannot be had.Write me at:
c_kunkel@yahoo.com

Afaik copyright only lasts for 50/70 years. BUT it expires after the death of the owner, not the actual date. So eg. the diaries of Juenger will be copyrighted for another 48 years.
Any change like a printing or translation copyrights THIS SPECIAL isntance of the work. So a print is copyrighted. If you get your hands on the original, you can use it for free, though, and it is up to the publisher to proof that you used his book to scan a photo.

regards

Axel

OK thanks guys,

Axel, I thought that would be the case, individual copies each having their own copyright and only the original being copyright-free... I have no chance of getting my hands on any originals as an impoverished student though.

Carl,

I'm concentrating on Australia's involvement in WWI, but thanks for the offer. It was really generous of you, and I bet some others on this forum would just love to get their little hands on those documents and photos for their own pages!

Mark and Vig,

Thanks guys, I hope you will also represent me free if my butt gets hauled up before the courts for breeches of copyright


Regards to all,

Simon

Simon, I usually use photos when I have seen them at least in two different publications

I have no idea, however, wether a simple repring really means a copyright on the content of the photo.

regards

Axel