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LondonlawyerJ
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Category: Law
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Experience:  Solicitor with over 15 years experience.
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The Dartford & Swanley Chronicle was absorbed into the Dartford

Resolved Question:

The Dartford & Swanley Chronicle was absorbed into the Dartford Times in 1985.

Q. Could a photopgraph, printed in this paper in 1942, be used, under the laws of copywrite, legally in a today publication.
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello I am a lawyer with over 15 years experience I will try to help you with this.

LondonlawyerJ :

This is a question about copyright time limits.


It is likely that the copyright belongs either to the photographer or to the company that commissioned it or the successor to that company.



Photographs are classed as artistic works for copyright purposes. This one was made available to the public and therefore under the 1988 Copyright Designs and Patents Act the copyright will last for 70 years from the end of the year of publication., In other words until the end of 2017. So it would seem that this image could be covered by copyright and you would therefore need permission of the owner to use it.

LondonlawyerJ :

If you decide not to do this or are unable to find the copyright owner then you run the risk that they may came for you after publication for payment. It is fo you to decide how real that risk is.

LondonlawyerJ :

I hope this answer is helpful but please feel free to ask further questions.

Customer: replied 3 years ago.

Dear Expert You said that the copywrite would be in force for 70 years from the date of publication which was 1942. Accordingly, with this particular photograph, taken in 1942, the copywrite ended in 2012.


I would be grateful if you would confirm this.


Thank you.

Customer: replied 3 years ago.

You said that the copywrite would continue until 2017. If the picture was taken in 1942 and the law of copywrite lasts 70yrs your answer can't be right. It must have ended in 2012 and not 2017!!!


 


I need your reply soonest, please.

Expert:  LondonlawyerJ replied 3 years ago.
You are right my maths was wrong, but my law was right. Apologies.
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