Copyright on photographs.

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Copyright on photographs.

Postby Peterdyson49 » Thu Jul 28, 2011 8:44 am

I thought I would try and add some missing portrait photographs to composer pages where I can find them on the internet. Obviously there is a difficultly in determining whether they are public domain when no information is available about the photographer. Presumably the copyright law of the country where the photograph was taken applies. Where a photograph is to be found on a library site (not wiki) is it safe to assume it is public domain where the composer has been dead for more than 70 years and no information is given about the image; ie photographer unknown, or should one be writing to the website owner for permission to use the said image.
Obviously this is a case by case situation and should it be tested each time with copyright reviewers before uploading an image?
Advice please.

The specifics in this case are the image of Sergey Yuferov on this page.

http://museum.lib.kherson.ua/en-yuferov.htm

Thanks

Peter Dyson
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Re: Copyright on photographs.

Postby pml » Thu Jul 28, 2011 12:42 pm

It might be a good idea to refer to Wikipedia, they are frequently well-informed on national laws, which do differ substantially where photographs are concerned.

My country is a case in point of weirdness according to law. Before 2006 the term of copyright was 50 years from the date of the picture having been taken — thus all photos from 1955 or earlier are PD. Post-1956 is now life of the photographer + 70 anno, I believe.

For domain .ua, it would be best to look up the national laws on Wiki to double-check. If the identity of the photographer doesn't affect the duration of the copyright term, then the date the photo was taken is all that matters. If the identity of the photographer is truly anonymous, then sometimes there are provisions to limit the copyright term — otherwise you then sometimes have to go looking for dates for the photographer.

Regards, PML
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Re: Copyright on photographs.

Postby Carolus » Sat Jul 30, 2011 12:19 am

In Canada, where the main server resides, all photographs created before 1949 are public domain. Those taken 1950 and later are protected for the photographer's life plus 50 years.
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Re: Copyright on photographs.

Postby Peterdyson49 » Sat Jul 30, 2011 7:52 am

Thanks Carolus... that makes life a bit simpler.
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Re: Copyright on photographs.

Postby Eric » Sat Aug 06, 2011 8:01 am

Hrm. Since the photo can be seen and downloaded by people in all manner of copyright zones (just as with music), couldn't there still be issues even if a photo is PD-CA, since it is visible - presumably - apologies for grammar - by people in regions where it is not PD? (And blocking download/visibility of a photo may be more difficult than with a link to a PDF or sound file.)
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