What is the duration of copyrights for old photographs in Europe, in USA, in India, in China or other countries?
Quote from Wolfgang Mehler on March 1, 2021, 11:06 amanyone knows? im doing some research
anyone knows? im doing some research
Quote from Lukáš Ondráček on March 1, 2021, 11:23 amIn the UK the Copyright Act 1911 set the term of protection for photographs as 50 years from the end of the year in which they were created. The Copyright Act 1956 changed this to 50 years from the end of the year of publication, but crucially maintained the 1911 rules for photographs taken before the new Act became law on 1 June 1957.
The Copyright, Designs & Patents Act 1988 changed the term to 50 years from the end of the year in which the photographer died, or - if the photographer was unknown - 50 years after the end of the year of publication, or 50 years after creation if unpublished. As with the 1956 Act, this was not retrospective, so photographs taken before the new Act became law on 1 August 1989 continue to be covered by the 1911 or 1956 rules (as applicable). In 1996 the 1988 Act's 50 year term was increased to 70 years.
In summary, then:
Taken before 1 June 1957 = creation + 50 years, all now public domain
Taken and published between 1 June 1957 and 31 July 1989 = publication + 50 years, therefore:
* Published between 1 June 1957 and 31 December 1966, all now public domain
* Published between 1 January 1967 and 31 July 1989, still copyrighted
Unpublished photographs taken between 1 June 1957 and 31 July 1989 = all copyrighted until 31 December 2039 (special rule)
Taken on or after 1 August 1989 = photographer's life + 70 years, publication + 70 years, or creation + 70 years
In the UK the Copyright Act 1911 set the term of protection for photographs as 50 years from the end of the year in which they were created. The Copyright Act 1956 changed this to 50 years from the end of the year of publication, but crucially maintained the 1911 rules for photographs taken before the new Act became law on 1 June 1957.
The Copyright, Designs & Patents Act 1988 changed the term to 50 years from the end of the year in which the photographer died, or - if the photographer was unknown - 50 years after the end of the year of publication, or 50 years after creation if unpublished. As with the 1956 Act, this was not retrospective, so photographs taken before the new Act became law on 1 August 1989 continue to be covered by the 1911 or 1956 rules (as applicable). In 1996 the 1988 Act's 50 year term was increased to 70 years.
In summary, then:
Taken before 1 June 1957 = creation + 50 years, all now public domain
Taken and published between 1 June 1957 and 31 July 1989 = publication + 50 years, therefore:
* Published between 1 June 1957 and 31 December 1966, all now public domain
* Published between 1 January 1967 and 31 July 1989, still copyrighted
Unpublished photographs taken between 1 June 1957 and 31 July 1989 = all copyrighted until 31 December 2039 (special rule)
Taken on or after 1 August 1989 = photographer's life + 70 years, publication + 70 years, or creation + 70 years