Copyright constraint

Of course by law, before anyone can do anything to an image, either:
1 he/she must own the original photograph and its copyright or
2 he/she must be able to demonstrate that he/she has the owner's permission to scan and edit the picture. If you physically possess an original print, or better still the original negative, then quite likely you have the right to copy or print from it.

Briefly under English law -– as I understand it but don't quote me -–

The Fine Arts Act 1862 gave the English photographer copyright for life plus seven years. So all photos whose author died before 30 June 1905 came into the public domain on 30 June 1912 and so were not then protected by the 1911 Copyright Act. From 1 July 1912, this gave copyright protection for fifty years from the date of shooting (ie up to 1962 for the earliest). Meanwhile the Copyright Act of 1956 came in to effect on 1 July 1957 but only extended all existing copyright to fifty years after the end of the year in which the photo was taken.

So photographs shot before the end of 1944 will now be in the public domain, whereas pictures taken from 1 January 1945 onwards are now protected under the Statutory Instrument which came into force 1 January 1996 (ie while they were still protected under the 1956 Act) which covers them for the lifetime of the photographer plus seventy years. Clearly any photo taken by an English photographer on or after 1 July 1957 is still in copyright.

Copyright in the UK was then governed by the Copyright, Designs & Patents Act 1988 which came into force 1 August 1989. Since then copyright is owned by the photographer unless he/she was employed and took the photograph in the course of his/her employment. Period of copyright is life plus 70 years. If the identity of the photographer is unknown the period of copyright is 70 years from the end of the year of publication/exhibition, etc. But then on 1 Jan 1996 came the SI ... see above!

Special rules apply if the copyright in the photograph is owned by the Crown, Parliament or certain international organisations. Copyright can be bought, sold or left in a will.

Even if a picture is in the public domain, the owner of the original may have the right to license its reproduction and use.

It is my understanding – which I have exercised for 45 years now – that unless I have specifically and overtly re-assigned the copyright to a client through a contract or whatever, then the copyright of specially shot photographs remains mine. In fact, on my invoices for commissioned work or limited edition prints, I make a point of saying that I retain the copyright. It is of course prudent not to use the photos in any inappropriate way that might upset your client!

You may find some other opinion and very useful information including some on the new Artist's Resale Right Regulations introduced in the UK in 2006 at:
Design and Artists Copyright Society - DACS

Also look at
UK Copyright Service
Association of Photographers
Royal Photographic Society
and this American lawyer's page http://whatiscopyright.org/

If you know more about photographic copyright than I do, if I have made a mistake, if you know of any useful urls, or if you have anything else to add, please do email me.
Thank you.

While you are here, please visit my Gallery

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All images on this site are either my copyright (Photoscript and formerly Photomedia) or reproduced by courtesy of the company or individual holding that copyright. They may not reproduced further by any means without express permission. You may not distribute, copy, use the thumbnails on your own site, publish or use my images or any part of the images in any way whatsoever unless by prior arrangement with me. You may not alter, manipulate, add to or delete an image or any part of an image. Please feel free to download pictures for your own reference only, but please do not use them for any other purpose. Thank you. All pictures on this site are subject to international copyright.

My giving links to other commercial organisations does not imply any endorsement, sponsorship or affiliation either way by either party but is simply for your convenience. The trademarks, logos, and service marks not owned by Photoscript or Photomedia and that are displayed on the site are the registered and unregistered marks of their respective owners; no rights are granted by Photoscript to use such marks, whether by implication or otherwise.

Occasionally on this site, I have included brief quotations from reported speech or text, in the belief that, under British law at least, a non-substantial part of a written work may be used without permission. I have acknowledged the source where possible. Please advise me if you know better. Thanks.

	Home \| GALLERY \| SHOWS about me \| contact \| FAQs \| site map \| search \| links care of old photos \| restoration \| photographic copyright printing \| techie stuff \| other stuff \| editorial & production
	Copyright on photographs generally Of course by law, before anyone can do anything to an image, either: 1 he/she must own the original photograph and its copyright or 2 he/she must be able to demonstrate that he/she has the owner's permission to scan and edit the picture. If you physically possess an original print, or better still the original negative, then quite likely you have the right to copy or print from it. Briefly under English law -– as I understand it but don't quote me -– The Fine Arts Act 1862 gave the English photographer copyright for life plus seven years. So all photos whose author died before 30 June 1905 came into the public domain on 30 June 1912 and so were not then protected by the 1911 Copyright Act. From 1 July 1912, this gave copyright protection for fifty years from the date of shooting (ie up to 1962 for the earliest). Meanwhile the Copyright Act of 1956 came in to effect on 1 July 1957 but only extended all existing copyright to fifty years after the end of the year in which the photo was taken. So photographs shot before the end of 1944 will now be in the public domain, whereas pictures taken from 1 January 1945 onwards are now protected under the Statutory Instrument which came into force 1 January 1996 (ie while they were still protected under the 1956 Act) which covers them for the lifetime of the photographer plus seventy years. Clearly any photo taken by an English photographer on or after 1 July 1957 is still in copyright. Copyright in the UK was then governed by the Copyright, Designs & Patents Act 1988 which came into force 1 August 1989. Since then copyright is owned by the photographer unless he/she was employed and took the photograph in the course of his/her employment. Period of copyright is life plus 70 years. If the identity of the photographer is unknown the period of copyright is 70 years from the end of the year of publication/exhibition, etc. But then on 1 Jan 1996 came the SI ... see above! Special rules apply if the copyright in the photograph is owned by the Crown, Parliament or certain international organisations. Copyright can be bought, sold or left in a will. Even if a picture is in the public domain, the owner of the original may have the right to license its reproduction and use. It is my understanding – which I have exercised for 45 years now – that unless I have specifically and overtly re-assigned the copyright to a client through a contract or whatever, then the copyright of specially shot photographs remains mine. In fact, on my invoices for commissioned work or limited edition prints, I make a point of saying that I retain the copyright. It is of course prudent not to use the photos in any inappropriate way that might upset your client! You may find some other opinion and very useful information including some on the new Artist's Resale Right Regulations introduced in the UK in 2006 at: Design and Artists Copyright Society - DACS Also look at UK Copyright Service Association of Photographers Royal Photographic Society and this American lawyer's page http://whatiscopyright.org/ If you know more about photographic copyright than I do, if I have made a mistake, if you know of any useful urls, or if you have anything else to add, please do email me. Thank you. While you are here, please visit my Gallery
Home \| GALLERY \| SHOWS \| About me Back to the top of this page.	Copyright © Colin Robinson 2008 All images on this site are either my copyright (Photoscript and formerly Photomedia) or reproduced by courtesy of the company or individual holding that copyright. They may not reproduced further by any means without express permission. You may not distribute, copy, use the thumbnails on your own site, publish or use my images or any part of the images in any way whatsoever unless by prior arrangement with me. You may not alter, manipulate, add to or delete an image or any part of an image. Please feel free to download pictures for your own reference only, but please do not use them for any other purpose. Thank you. All pictures on this site are subject to international copyright. My giving links to other commercial organisations does not imply any endorsement, sponsorship or affiliation either way by either party but is simply for your convenience. The trademarks, logos, and service marks not owned by Photoscript or Photomedia and that are displayed on the site are the registered and unregistered marks of their respective owners; no rights are granted by Photoscript to use such marks, whether by implication or otherwise. Occasionally on this site, I have included brief quotations from reported speech or text, in the belief that, under British law at least, a non-substantial part of a written work may be used without permission. I have acknowledged the source where possible. Please advise me if you know better. Thanks.