Quote:
Originally Posted by Zemper
Gentlemen-
While it seems clear that copyrights can no longer be applied to WWII images, I imagine that Sudek13 would be well aware of this. Is it possible that he is not after copyright's at all, but publication rights instead? I am by no means an expert on these legal issues, but if publication rights apply to pictures, as I believe they do, then this may be his goal to obtain instead of the copyright's.
The following information was listed on Wikipedia.com concerning publishing rights:
"The publication right is a copyright granted to the publisher who first publishes a previously unpublished work after that work's original copyright has expired. In practical terms, the publication right is the same as all the exploitative rights granted under copyright, but does not cover the moral rights.
Germany has known the publication right since 1965, first with a term of 10 years since the publication, extended in 1990 to 25 years.With the EU Copyright Directive, the publication right was introduced in all countries of the European Union with a 25-year term starting at the publication of the previously unpublished work. In the UK, the publication right was introduced by the Copyright and Related Rights Regulations 1996, effective on December 1, 1996."
-Eric Zemper
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Hi Eric,
No, that would not hold water. Published or not, all photos became FREE DOMAIN many, many years ago. Once an item is in FREE DOMAIN, no one can claim anything on it, puiblishing rights, copyrights, etc. Sure he can publish as much as he wants, based on free domain, but he cannot hold the sole publishing rights.
Even if it were true, he would have to prove it HAD NOT been published at all in ANY magazine, book, etc. since it's conception (virtually impossible), and he would have had to do it within the timeframe allowed (dependant on country) BEFORE Free Domain came into effect...he is decades too late for that.
Let's say for example, I took a photo in 1945 of an Me109. I now have copyright. I am the original photographer, and copyright is automatic. If I die, the copyright transfers to my family. If the copyright is not "officially" re-registered within 10 years from my death, OR 50 YEARS from the original date I took the photo (both figures vary depending on country), it then falls into FREE/PUBLIC DOMAIN. And NO ONE can claim copyright or publication rights...even my family.
If someone lends you a photo for publishing in a book, it would be common courtesy to list who lent the pic in the book. But if you have a WW2 image of the web you do not need to contact anyone for printing/publishing.
ZERO can be done for Publication Rights and Copyright on items in Free Domain.
Mike