Copyright of photos made in Russia

[Carl-Fredrik Geust]

A very interesting discussion about copyright of wartime photos is going on in the popular Russian aviation history forum airforce.ru.

According to the Soviet copyright law of 1928 (which was in force also during WW II) author´s rights for single photos were protected by copyright ONLY for 5 (FIVE) years, and for "series of photos" for 10 (TEN) years. Contemporary copyright laws can NOT be applied retroactively. (The above stated has been confirmed by Russian legal expertise.)

In this connection it has also been pointed out that "enemy" (German etc.) photographers never can have had any copyright whatsoever for pictures taken in USSR during WW II, as the these photographers had entered USSR illegally... Something for Bundesarchive to think about...

Carl

[Ruy Horta]

Originally Posted by Carl-Fredrik Geust

In this connection it has also been pointed out that "enemy" (German etc.) photographers never can have had any copyright whatsoever for pictures taken in USSR during WW II, as the these photographers had entered USSR illegally... Something for Bundesarchive to think about...

Carl

If logic applies that would only become an issue within Russia. The Bundesarchive does have copyright in Germany and very likely beyond.

I don't have a(ny) legal bacground, but I'd expect international agreements to have precedent here over local laws once we go cross border.

[CJE]

Funny to see the Russians concerned by copyright laws. They must have learned these terms after the SSSR collapsed, because before they just did not exist in their vocabulary!

There is, however, an economical logic. Hundred thousands of photographs, newsreels... are preserved and maintained in Koblenz and it costs a lot of money to German taxpayers. Why shouldn't BA be financially rewarded for their work that, most of the time, allows foreign authors and publishers to make money (however small) out of their photographs?

[Jens]

Dear Mr. Geust,

do have any source for this info?

Thx
Jens

[Pilot]

Nice topic I am happy to have many of images of Soviet or German warplanes and know that I do have to pay any charge and only have to note source. Situation like with the US military images as well it is stated that "all images made by the official of the US forces are public domain".

[Dénes Bernád]

Originally Posted by Carl-Fredrik Geust

In this connection it has also been pointed out that "enemy" (German etc.) photographers never can have had any copyright whatsoever for pictures taken in USSR during WW II, as the these photographers had entered USSR illegally...

Based on the same principle, there is no copyright whatsoever for any Soviet origin photo made after the Red Army crossed the USSR borders in 1944...

[Carl-Fredrik Geust]

For this discussion, see
Инфа для авторов - публикаторов фотографий (written by "Perst" 21 April 2007 at 16:58:18 hours) in www.airforce.ru

Carl