Copyright question

Author
Discussion

silverfoxcc

Original Poster:

7,823 posts

151 months

Wednesday 5th April 2023
quotequote all
A friend hasa picture in his possession of his grandfather who died three years after the friend was born in1938
It was taken in Egypt in 1933
by an unknown photographer

Can he claim copyright?

I told him i dont think so esp as he didnt take it. and it is doubtful the copyright was assigned to his grandfather


dundarach

5,284 posts

234 months

Wednesday 5th April 2023
quotequote all
Que?


TonyRPH

13,094 posts

174 months

Wednesday 5th April 2023
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Copyright typically lasts for 70 years after the death of the originator.

As to whether someone else can claim copyright of previously copyrighted works - I think only a lawyer could answer that one, however I can't see how they could...

More info here: https://www.bl.uk/business-and-ip-centre/articles/...


InitialDave

12,163 posts

125 months

Wednesday 5th April 2023
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What's he intending to use the picture for that could result in an issue over copyright?

tog

4,600 posts

234 months

Wednesday 5th April 2023
quotequote all
I don't know Egyptian copyright law, but under UK law it is most likely now out of copyright. UK law at the time set copyright as fifty years from the creation of the photograph, so it would have been out of copyright in 1983 (although there are circumstances in which copyright can be revived). I think the 1911 copyright act also made the person who commissioned the photograph the copyright owner, not the photographer.

Edit - more info here: https://www.dacs.org.uk/knowledge-base/factsheets/...

StevieBee

13,357 posts

261 months

Friday 7th April 2023
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Copyright can be passed to others as part of the original copyright owner's estate upon their death. This would need to be be explicitly written in the will. Copyright can also be extended by those who receive it and others thereafter so there is a chance (albeit slim) that that the copyright remains active.

However, copyright is only of any use if the owner is prepared to protect it and I would think that highly unlikely in the case here. Even if by some chance there was an issue, the most likely outcome would be a cease and desist order for whatever the photography is being used for.