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Copyright in a photograph lasts for 70 years from the end of the year in which the photographer dies.[16] A consequence of this lengthy period of existence of the copyright is that many family photographs which have no market value, but significant emotional value, remain subject to copyright, even when the original photographer cannot be traced (a problem known as copyright orphan), has given up photography, or died. In the absence of a licence, it will be an infringement of copyright in the photographs to copy them.[17] When someone dies the rights will have transferred to someone else, perhaps through testamentary deposition (a will) or by inheritance. If there was no will, or if the photographer has not specified where the rights in the material should go, then the normal rules of inheritance will apply (although these rules are not specific to copyright and legal advice should be sought).[18] Scanning old family photographs, without permission, to a digital file for personal use is prima facie an infringement of copyright.
Certain photographs may not be protected by copyright. Section 171(3) of the Copyright, Designs and Patents Act 1988 gives courts jurisdiction to refrain from enforcing the copyright which subsists in works on the grounds of public interest. For example, patent diagrams are held to be in the public domain, and are thus not subject to copyright.
Rob wrote:Thanks Pete Gardener. My thoughts on copyright more or less the same as yours. How would you know if someone copied your photos and sold them for personal gain? If you did find out what steps would you,could you take? Not for me you understand, a friend of mine needs advice.
Rob wrote:Thanks SRD. The haziness of copyright is a little clearer now. Thanks for the responses. I'll advise my friend to sue the @$#@$* !!!
Rob wrote:If i tell you can you keep it to yourself Jan? Not let anyone else know? Pinky promise?
Northern Lass wrote:Rob wrote:If i tell you can you keep it to yourself Jan? Not let anyone else know? Pinky promise?
You know me Rob soul of desecration.......pinky promise
peterd wrote:Northern Lass wrote:Rob wrote:If i tell you can you keep it to yourself Jan? Not let anyone else know? Pinky promise?
You know me Rob soul of desecration.......pinky promise
Your nowt but an old gossip
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