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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I want to use photos from 1940-41 for a book I am writing.

Customer Question

Hello,
I want to use photos from 1940-41 for a book I am writing.
Please can you tell me:
1. If they have been previously published when does the copyright expire &
2. If a copy was sold to me or provided to me does it have a copy right.
Thanks you
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Copyright expires 25 years after creation.

So if its more than 25 years old you can use them

Can I clarify anything for you about this today please?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.

Hello, I am afraid the above answer is incorrect. Copyright does not last for 25 years, not sure where that figure came out from.

The law says that photographs taken before 1 June 1957 originally had a copyright duration of 50 years from the end of the calendar year in which they were taken. So if the latest photos were taken in 1941, then the initial copyright would have lasted until the end of 1991.

There is also a possibility that old photos which may have even expired could have been ‘revived’ later on. This could happen if they were in copyright somewhere in the European Economic Area (EEA) as of 1 July 1995. This becomes rather complex then because you will have to check what the copyright laws of the various EEA countries are and see if according to these laws the photo could have still been in copyright as a result. If that was the case, then the copyright could have been revived and even though it may have passed in to the public domain at some point, its copyright could be revived at a later point subject to the above rules.

Does this clarify things for you a bit more?

Customer: replied 1 year ago.
Thanks great thank you very much.
Expert:  Ben Jones replied 1 year ago.

You are most welcome