How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46179
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

Dear Sir/Madam Regarding US/EU markets. My enquiry is

Resolved Question:

Dear Sir/Madam

Regarding US/EU markets.

My enquiry is regarding copyright law, involving books being used for research and material to go into a film script.

If two books were published in 1945 and 1957, where the authors died in 1970 and 1960 respectively can the material be used without permission?

The change in copyright law to 70 years, is that a retrospective change to the law, or for works and deaths of authors after the law change?

Many Thanks.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.


The latest changes to copyright law in the UK were introduced in 1995 and resulted in an extension of the copyright for certain works to 70 years after the death of their author. So for example, in literary works, such as books, the copyright would expire 70 years after the end of the year in which the author dies. The law was retrospective and it means that when the law was introduced it would have extended the copyright period for any works which were still under copyright at the time and subject to the shorter copyright periods of 42 years, plus it revived the expired copyright of any works which were already outside of copyright protection but which fell within the rules of the new laws (i.e. any work where the author had died within the last 70 years).


 


In terms of the books that you mentioned, if the authors had died in 1945 and 1957 respectively, then the new law would still apply to them and the copyright would expire in 2015 and 2027 respectively, meaning they are still under copyright and you need the permission of the copyright owner(s) to use them.

Customer:

Dear Ben

Customer:

I was informed by someone in the publishing industry that permission is not required if the work that one is doing does not constitute more than 10% individually per other works. Can your clarify in relation to your ealier answer?

Ben Jones :

It is not as simple as saying if you only use 10% of the work then you do not have to ask permission. This is covered under fair use or fair dealing rules and there is no specific percentage which you are allowed to use. The 10% rule can often be used as an acceptable threshold but that is generally only concerned with using the work for research for academic purposes. Each case will depend on its own circumstances and merits and it is entirely wrong to state that any use up to 10% of the work is permitted.

Customer:

Dear Ben

Customer:

Thank you for clarifying that point. Your advice has been most helpful. Best Regards.

Ben Jones :

You are most welcome, all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46179
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice