8 replies to this topic

[livingmemory]

Hello,

I have three photographs of my Great Uncle, Pte Allen Knight 6296 taken by the Darge Photographic Company, Broadmeadows, circa June 1919 and would like to know if I can post them in this forum.

They have the Australian War Memorial on the bottom right hand corner and I am wondering if to post them here would be contravening copyright? I think perhaps they might be Copyright expired because copyright only lasts about 75 years although N.O.K./family can apparently take copyright?
I feel it would be okay to share them here?
Thank you

...

[b3rn]

Australian photographs taken before 1955 are all out of copyright. Post with attribution and respect and you are well within your rights!
http://www.copyright...00168563bdf.pdf

[DavidB]

Also worth while having a quick read of the AWM copyright statement from the link below.


http://www.awm.gov.au/copyright/

[livingmemory]

Thankyou, rgartillery, appreciated...

rgartillery, on 12 February 2012 - 01:10 AM, said:

Also worth while having a quick read of the AWM copyright statement from the link below.


http://www.awm.gov.au/copyright/

Just to say, thank you, b3rn, shall do, appreciated ...

b3rn, on 12 February 2012 - 01:00 AM, said:

Australian photographs taken before 1955 are all out of copyright. Post with attribution and respect and you are well within your rights!
http://www.copyright...00168563bdf.pdf

[Jim Strawbridge]

Ooooo, possibly a can of worms. As I understand it, if a photograph is reused within the 75 year period the copyright starts again ie a further 75 years. So the fact that the AWM has made the photographs available on their website COULD be seen as a republishing and start the whole time run again from the date they put it on the web. Maybe I am wrong - but perhaps the best route would be to ask the AWM for permission. Unless, of course, someone knows different.

[livingmemory]

Hi Jim,

Thank you for posting - and eee-eeek I like cans of worms

Yes, precisely my thoughts. However, I think it now clear that - (was it Ian who said this? I can't scroll back to look):

"Australian photographs taken before 1955are all out of copyright. Post with attribution and respect and you are wellwithin your rights!
http://www.copyright...00168563bdf.pdf"

-

Not sure if you are aware of this too? There is a lot to digest between Copyright and Attributions...not sure that I ever will:

www.creativecommons.org.au

Cheers

Living memory

Jim Strawbridge, on 12 February 2012 - 01:28 PM, said:

Ooooo, possibly a can of worms. As I understand it, if a photograph is reused within the 75 year period the copyright starts again ie a further 75 years. So the fact that the AWM has made the photographs available on their website COULD be seen as a republishing and start the whole time run again from the date they put it on the web. Maybe I am wrong - but perhaps the best route would be to ask the AWM for permission. Unless, of course, someone knows different.

Jim it was b3rn...cheers...

livingmemory, on 12 February 2012 - 01:44 PM, said:

Hi Jim,

Thank you for posting - and eee-eeek I like cans of worms

Yes, precisely my thoughts. However, I think it now clear that - (was it Ian who said this? I can't scroll back to look):

"Australian photographs taken before 1955are all out of copyright. Post with attribution and respect and you are wellwithin your rights!
http://www.copyright...00168563bdf.pdf"

-

Not sure if you are aware of this too? There is a lot to digest between Copyright and Attributions...not sure that I ever will:

www.creativecommons.org.au

Cheers

Living memory

[WhiteStarLine]

Hi guys.  This is not actually a can of worms, otherwise republishing / rephotographing would keep the copyright for ever!

The Australian legislation is quite clear - as others have pointed out, copyright has expired.  Full stop.  The AMW link cited is general advice and quite correctly points out that all their material is copyright.  Remember, they have material from the Boer War to Iraq and Afghanistan.  In the case of WW1 photographs, the copyright act of 1968 specifies the duration.  For a summary, click on Duration at http://copyright.org.../browse-by-a-z/.  While it once was a minefield between who owned the film, the equipment etc and whether it was a private or government record, time has now extinguished this and published AWM WW1 photographs are out of copyright.


Quite reasonably, the AWM, a highly regarded institution, asks for a distribution fee for commercial reproduction, which goes towards their conservation and preservation efforts.

[b3rn]

Creative Commons is about licensing works for reuse. It doesn't alter the copyright status of a work. Its primary intent is to support copyright in a digital world - where existing means of controlling copies no longer apply.

So - if you hold copyright in a work, and you want to allow reuse of that work, you can license it with Creative Commons. If you are creating a new work, you can incorporate CC-licensed materials quickly (terms & conditions are listed upfront) and appropriately (use the attribution provided).

I am not an expert, not a lawyer! but any sort of work on the web forces you to engage with copyright and licensing. I hope our great public institutions (museums, libraries, etc) continue to lead on this important literacy. Am disappointed sometimes when maintaining a revenue stream takes precedence over the full and transparent sharing of works collected on our behalf. The GWF forum offers them a great example of how amateurs and experts (and people dropping in from Google searches) can learn, collaborate & build. That's the mission right there, no?

[livingmemory]

Thankyou both for the information on Copyright/Attributions - appreciated.